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Full text of "North Carolina Register v.10 no. 10 (8/15/1995)"

3^^/KF■Nl /74-34 / . A z / ^^(^^ 



NORTH CAROLINA 

REGISTER 



VOLUME 10 • ISSUE 10 • Pages 823 - 888 
August 15, 1995 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



IN THIS ISSUE 

Executive Orders 
Decision Letters 
Architecture, Board of 
Human Resources 
Medical Examiners 
Nursing, Board of 
Transportation 
List of Rules Codified 
RRC Objections 
Contested Case Decisions 






AUG 18 1995 

KATHTITNE R EVi:RETT 
LAW U!!RARY 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 1. 13 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The ,\'orth Carolina Register is published twice a month and 
contains infoimation relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the 
Genera] Statutes. AH proposed administrative rules and notices of 
public hearings filed under G.S. 150B-21.2 must be published in 
the Register. The Register will t)'picall>' comprise approximate!)' 
fifty pages per issue of legal text. 

State law requires that a cop\ of each issue be provided free of 
charge to each count) m the stale and to vanous state officials and 
institutions. 

The S'orth Carolina Register is a\ailable by )'earl)' subscription 
at a cost of one hundred and twent)- dollars ($120.00) for 24 
issues. Individual issues ma) be purchased for ten dollars 
(SIO.OO). 

Requests for subscription to the Xorth Carolina Register should 
be directed to the Office of Admimstrative Heanngs, PO Drauer 
27447, Raleigh, NC 27611-7447. 

.ADOPTION, .\MENDMENT. .\ND REPE.AL OF RULES 

The foUowmg is a generalized .statement of the procedures to be 
followed for an agenc) to adopt, amend, or repeal a rule. For the 
specific statutory' authont) , please consult Article 2 A of Chapter 
150B of the General Statutes. 

An) agency intending to adopt, amend, or repeal a rule must 
first pubhsh notice of the proposed action in the S'orth Carolina 
Register. The notice must include the time and place of the public 
hearing (or instructions on how a member of the pubhc may 
request a hearing): a statement of procedure for pubhc comments; 
the text of the prop<xsed rule or the statement of subject matter: the 
reason for the proposed action: a reference to the statutor)' 
authority for the action and the proposed effective date. 

Unless a specific statute provides otherwise, at least 15 days 
must elapse following publication of the notice in the Worth 
Carolina Register before the agenc)' ma)' conduct the pubhc 
hearing and at least 30 da)s must elapse before the agenc)' can take 
action on the proposed rule. An agency may not adopt a rule that 
differs substantially from the proposed form pubhshed as part of 
the pubhc notice, until the adopted version has been pubhshed in 
the North Carolina Register for an additional 30 da\' comment 
period. 

When final action is taken, the promulgating agenc)' must file the 
rule with the Rules Review Commission (RRC). After approval 
by RRC. the adopted rule is filed with the Office of Administrative 
Heanngs (OAH). 

A rule or amended rule general!)' becomes effective 5 business 
da)'s after the rule is filed with the Office of Adminisfrative 
Hearings for pubhcation in the North Carohna .^dministrati\'e 
Code (NCAC). 

Proptised action on rules ma) be withdrawn b)' the promulgating 



agency at any time before final action is taken by the agency or 
before fifing with OAH for pubhcation in the NCAC. 

TEMPORARY RULES 

Under certain emergency conditions, agencies may issue 
temporary rules. Within 24 hours of submission to OAH, the 
Codifier of Rules must review the agency's wntten statement of 
findings of need for the temporary rule pursuant to the provisions 
in G.S. 150B-21.1. If the Codifier determines that the findings 
meet the cntena in G.S. 150B-21.1, the rule is entered into the 
NCAC. If the Codifier determines that the findings do not meet 
the cntena, the rule is returned to the agency. The agenc) mav 
supplement its findings and resubmit the temporan, rule for an 
additional review or the agency ma)' respond that it will remain 
with its initial position. The Codifier. thereafter, wiU enter the 
rule into the NCAC. A temporar)' rule becomes effective either 
when the Codifier of Rules enters the rule in the Code or on the 
sixth business da) after the agenc)' resubmits the rule without 
change. The temporaiy rule is m effect for the penod specified in 
the rule or 180 days, whicheser is less. An agency adopting a 
temporary rule must begin rule-making procedures on the 
permanent rule at the same time the temporary rule is filed with 
the Codifier. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The .North Carohna Administrati\'e Code (NCAC) is a 
compilation and index of the admimstrative rules of 25 state 
agencies and 40 tx:cupational Ucensing boards. Compilation and 
pubhcation of the NCAC is mandated by G.S. 1508-21.18. 

The Code is disided into Tides and Chapters. Each state agenc)' 
IS assigned a separate tide uhich is further broken down by 
chapters. Title 21 is designated for occupational hcensing boards. 
TTie NCAC is available in two formats. 

(1) Single pages may be obtained at a rmmmum cost of 
two dollars and 50 cents ($2.50) for 10 pages or less, 
plus fifteen cents ($0.15) per each additional page. 
Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Admimstrative 
Heanngs. 

(2) The tiill pubhcation and supplement service is pnnted 
and distnbuted b)' Barcla)'s Law Pubhshers. It is 
available in hardcopy, CD-ROM and diskette format. 
For subscription information, call 1-800-888-3600. 

CITATION TO THE NORTH CAROLINA REGISTER 

The North Carolina Register is cited b)' \olume, issue, page 
number and date. 10:01 NCR 1-67. April 3, 1995 refers to 
Volume 10, Issue 1, pages 1 through 67 of the North Carolina 
Register issued on Apnl 3, 1995. 



I 



I 



1-OR INFOR.M.ATION CONTACT: Office of Adntimstrative Heanngs 
NC 27611-7447, (919) 733-2678, FAX (919) 733-3462. 



ATTN: Rules Division. PO Drawer 27447, Raleiizh, 



I 



> 



NORTH CAROLINA 



IN THIS ISSUE 




I. EXECUnVE ORDERS 

Executive Orders 82-83 



n. IN ADDITION 

Voting Rights Act 



Volume 1 O, Issue 1 O 



August 15, 1995 



This issue contains documents officially filed 
through August 1, 1995. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann HI, Director 

James R. Scarcella St., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 



823 - 824 



825 



in. PROPOSED RULES 
Human Resources 

Medical Assistance 826 - 828 

Social Services 828-829 

Licensing Boards 

Architecture, Board of 829-831 

Medical Examiners 831 - 839 

Nursing, Board of 839-844 

Transportation 
Secretary of Transportation 829 

IV. LIST OF RULES CODIFIED 845-848 

V. RRC OBJECTIONS 849-854 

VI. CONTESTED CASE DECISIONS 

Index to AU Decisions 855 - 867 

Text of Selected Decisions 

95 ABC 0415 868-871 

95 DST 0404 872-877 

VII. CUMULATIVE INDEX 879-888 



> 



NORTH CAROLINA REGISTER 

Fublication Schedule 

(November 1994 - September 1995) 



Volume 
and 
Issue 

Number 


Issue 
Date 


last Day 

for FU- 

ing 


Last Day 
for Elec- 
tronic 
Filing 


Earliest 

Date for 

Public 

Hearing 

15 days 
from 
notice 


• End of 

Required 

Comment 

Period 

30 days 

from 

notice 


Last Day 

to Submit 

toRRC 


** Earliest 

Effective 

Date 


9:15 


11/01/94 


10/11/94 


10/18/94 


11/16/94 


12/01/94 


12/20/94 


02/01/95 


9:16 


11/15/94 


10/24/94 


10/31/94 


11/30/94 


12/15/94 


12/20/94 


02/01/95 


9:17 


12/01/94 


11/07/94 


11/15/94 


12/16/94 


01/03/95 


01/20/95 


03/01/95 


9:18 


12/15/94 


11/22/94 


12/01/94 


12/30/94 


01/17/95 


01/20/95 


03/01/95 


9:19 


01/03/95 


12/08/94 


12/15/94 


01/18/95 


02/02/95 


02/20/95 


04/01/95 


9:20 


01/17/95 


12/21/94 


12/30/94 


02/01/95 


02/16/95 


02/20/95 


04/01/95 


9:21 


02/01/95 


01/10/95 


01/18/95 


02/16/95 


03/03/95 


03/20/95 


05/01/95 


9:22 


02/15/95 


01/25/95 


02/01/95 


03/02/95 


03/17/95 


03/20/95 


05/01/95 


9:23 


03/01/95 


02/08/95 


02/15/95 


03/16/95 


03/31/95 


04/20/95 


06/01/95 


9:24 


03/15/95 


02/22/95 


03/01/95 


03/30/95 


04/17/95 


04/20/95 


06/01/95 


10:1 


04/03/95 


03/13/95 


03/20/95 


04/18/95 


05/03/95 


05/22/95 


07/01/95 


10:2 


04/17/95 


03/24/95 


03/31/95 


05/02/95 


05/17/95 


05/22/95 


07/01/95 


10:3 


05/01/95 


04/07/95 


04/17/95 


05/16/95 


05/31/95 


06/20/95 


08/01/95 


10:4 


05/15/95 


04/24/95 


05/01/95 


05/30/95 


06/14/95 


06/20/95 


08/01/95 


10:5 


06/01/95 


05/10/95 


05/17/95 


06/16/95 


07/03/95 


07/20/95 


09/01/95 


10:6 


06/15/95 


05/24/95 


06/01/95 


06/30/95 


07/17/95 


07/20/95 


09/01/95 


10:7 


07/03/95 


06/12/95 


06/19/95 


07/18/95 


08/02/95 


08/21/95 


10/01/95 


10:8 


07/14/95 


06/22/95 


06/29/95 


07/31/95 


08/14/95 


08/21/95 


10/01/95 


10:9 


08/01/95 


07/11/95 


07/18/95 


08/16/95 


08/31/95 


09/20/95 


11/01/95 


10:10 


08/15/95 


07/25/95 


08/01/95 


08/30/95 


09/14/95 


09/20/95 


11/01/95 


10:11 


09/01/95 


08/11/95 


08/18/95 


09/18/95 


10/02/95 


10/20/95 


12/01/95 


10:12 


09/15/95 


08/24/95 


08/31/95 


10/02/95 


10/16/95 


10/20/95 


12/01/95 



This table is published as a public service, and the computation of time periods are not to be deemed binding 
or controlling. Time is computed according to 26 NCAC 2B .0103 and the Rules of Civil Procedure, Rule 6. 

* An agency must accept comments for at least 30 days after the proposed text is published or until the date 

of any public hearing, whichever is longer. See G.S. 150B-21. 2(f) for adoption procedures. 

** The 'Earliest Effective Date " is computed assuming that the agency follows the publication schedule above, 

that the Rules Review Commission approves the rule at the next calendar month meeting after submission, arid 

that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st day of the next calendar 

month. 



Revised 10/94 



EXECUTIVE ORDERS 



EXECUTIVE ORDER NO. 82 
PERSIAN GULF WAR MEMORIAL COMMISSION 

WHEREAS, the purposes of the Commission established 
by Executive Order No. 33 have been fulfilled; and 

WHEREAS, a new Commission is needed to establish 
memorials to the fighting men and women of North Carolina 
who served admirably in the Persian Gulf War; 

NOW, THEREFORE, by the power vested in me as 
Governor by the Constitution and laws of North Carolina, 
IT IS ORDERED: 

Section L Establishment and Membership . 

TTiere is hereby established the Persian Gulf War Memo- 
rial Commission whose membership shall consist of: 

A. Two (2) persons appointed by the Governor upon 
the recommendation of the Sfjeaker of the House 
of Representatives; 

B. Two (2) persons appointed by the Governor upon 
the recommendation of the President Pro Tempore 
of the Senate; 

C. Five (5) persons appointed by the Governor 
including one representative of the N.C. Desert 
Storm Memorial Foundation; and 

D. One (1) representative of the Department of 
Cultural Resources, one (1) representative of the 
Division of Veterans Affairs of the Department of 
Administration, and one (1) representative of the 
State Capitol Planning Commission appointed by 
the Governor as non-voting ex-officio members. 

The members of the Commission shall serve for the life of 
the Commission. From among the membership, the 
Governor shall app)oint the Chair. The Commission shall 
meet at the call of the Chair. Procedures involving the 
existence of a quorum and the filling of vacant seats shall be 
governed by N.C.G.S. 143B-133. No person shall be 
appointed to the Commission if he or she currently holds a 
state-level elected office or is a member of the Governor's 
cabinet. 

Section 2^ Purpose . 

The purpose of the Commission is to create a proposal for 
construction of a Persian Gulf War Memorial, including the 
areas of site selection, design, and funding. The Chair shall 
periodically advise the Governor as to the progress of the 
Commission. 

Section 3^ Administration . 

Administrative support for the Commission shall be 
provided by the Department of Administration. There shall 
be no per diem paid to members of the Commission; 
however, necessary travel and subsistence allowance may be 
paid in accordance with state law. 

Section 4. Rescission. 



Executive Order No. 33 (Persian Gulf War Commission) 
dated November 10, 1993, is hereby rescinded. This is the 
successor organization to that Commission. All of the 
Commission's files, records, etc., shall be transferred to the 
Commission created herein. 

This Order shall be effective immediately. 

Done in Raleigh, North Carolina, this the 27th day of 
July, 1995. 

EXECUTIVE ORDER NO. 83 

AMENDING THE COMMISSION ON SUBSTANCE 

ABUSE TREATMENT AND PREVENTION 

By the authority vested in me as Governor by the Consti- 
tution and laws of North Carolina, IT IS ORDERED: 

Section L Establishment and Membership . 

(a) There is hereby established a Commission on 
Substance Abuse Treatment and Prevention 
("Commission") and an Office of Substance Abuse 
Policy ("Office"). 

(b) TTie Commission shall consist of twenty persons 
appointed by the Governor. The Governor shall 
designate the Chair of the Commission. All 
Commission members shall serve at the pleasure 
of the Governor. 

(c) Members shall be citizens, government officials 
and representatives of nonprofit organizations who 
have demonstrated interest, involvement, or 
expertise in issues related to prevention, interven- 
tion, and treatment of alcohol and other drug 
abuse. 

(d) For the initial apjjointment period, ten of the 
members shall serve two-year terms and ten 
members shall serve four-year terms. At the 
expiration of these terms, subsequent member 
appointments shall be for four-year terms. 

(e) The Commission shall meet regularly at the call of 
the Chair. 

(f) The following individuals, or their designees, are 
requested to serve as Advisors to the Commission 
and its staff: 

1 . The Lieutenant Governor; 

2. The Attorney General; 

3. Superintendent of Public Instruction; 

4. Deputy Secretary of the Department of Correc- 
tion; 

5. Executive Director of the Governor's Crime 
Commission; 

6. Chief of Substance Abuse Services, Division 
of Mental Health, Developmental Disabilities 
and Substance Abuse Services in the Depart- 
ment of Human Resources; 

7. Director of the Division of Youth Services in 
the Department of Human Resources; 



10:10 



NORTH CAROLINA REGISTER 



August 15, 1995 



823 



EXECUTIVE ORDERS 



8. Director of the Youth Advocacy and Involve- 
ment Office in the Department of Administra- 
tion; 

9. Director of the Governor's Highway Safety 
Program in the Department of Transpxjrtation; 

10. Secretary, Department of Environment, Health 
and Natural Resources; 

11. Chair, North Carolina Women's Substance 
Abuse Advisory Committee; 

12. Executive Director, North Carolina Commis- 
sion on Indian Affairs; 

13. Director, Office of State Management and 
Budget; 

14. Director, Office of State Planning; 

15. SUte Health Director; 

16. Director of Division of Mental Health, Devel- 
opmental Disabilities and Substance Abuse 
Services in the Department of Human Re- 
sources; 

17. Secretary of Administration. 

Advisors shall serve when called upon by the Chair of the 
Commission and/or its staff. Each designated agency is 
requested to take responsibility for cooperating with the 
Commission in carrying out the provisions of this Order. 
Each agency is asked to {participate in all functions described 
for the advisors, allocating resources and ptersonnel where 
needed. 

Section 2. Functions . 

In fiilfilling its responsibilities, the Commission shall have 
the following duties: 

(a) Engender cooperation and collaboration among 
agencies, public and private, involved in drug and 
alcohol abuse programs; 

(b) Review the North Carolina laws regarding sub- 
stance abuse, including criminal and ser- 
vice-deUvery statutes, and make recommendations 
concerning needed changes; 

(c) Review and recommend mechanisms for the 
coordination of state and local resources for 
addressing identified needs; 

(d) Conduct public hearings and advise the Governor 
and other appropriate state government depart- 
ments and agency heads of the result and recom- 
mendations of the Commission; 

(e) Encourage local boards, councils, or commissions 
to mobilize resources to address substance abuse 
problems; 

(0 Eincourage local boards, councils, or commissions 
to develop an implementation plan to meet identi- 
fied needs; 

(g) Assist local boards, councils, or commissions in 
identifying model prevention, intervention, and 
treatment efforts; 

(h) Encourage program activities that increase public 
awareness of substance abuse and strategies to 



decrease the problem; and 
(i) Other duties as assigned by the Governor and/or 
Secretary of the Department of Administration. 

Section 3^ Administration . 

(a) The heads of all State departments and agencies 
shall, to the extent permitted by law, provide the 
Commission and the Office with information they 
require to achieve the purposes of this Order. 

(b) The Office shall hire such staff as may be neces- 
sary to help the Commission accomplish its goals, 
contingent upon the availability of funds. 

(c) Members of the Commission shall serve without 
compensation, but may receive reimbursement 
contingent upon the availability of funds for travel 
and subsistence expenses in accordance with state 
guidelines and procedures. 

(d) The Commission and the Office shall be funded 
by the Governor's discretionary funds and from 
agencies who have primary responsibility for 
involvement in program issues affecting drugs and 
alcohol. For administrative purjjoses, the Com- 
mission and the Office shall be housed in the 
Department of Administration. Oversight shall be 
with the Governor's Policy Office. 

Section 4^ Reports . 

(a) Every department, agency, institution, and organi- 
zation subject to the Executive Budget Act (Chap- 
ter 143 of the General Statutes), and a direct or 
indirect recipient of state or federal substance 
abuse funding, shall report sjjecific program and 
fiscal information semi-annually to the Office, in 
a report format approved by that office and the 
Office of State Budget and Management. 

(b) These reports shall, at least, include a report of all 
revenues and expenditures for the p>eriod. In 
addition, each report shall contain expenditure 
activity against explicit substance abuse program 
performance measures determined by the depart- 
ment, agency, institution, or organization consis- 
tent with nomenclature and procedures for perfor- 
mance-based budgeting established by the Office 
of State Budget and Management. 

(c) The Commission and the Office shall report their 
findings and recommendations to the Governor. 

Section 5^ Rescission . 

Executive Order 46 is hereby rescinded. 

TTiis Order is effective immediately. 

Done in Raleigh, North Carolina, this the 3rd day of 
August, 1995. 



824 



NORTH CAROLINA REGISTER 



August 15, 1995 



10:10 



IN ADDITION 



) 



This Section contains public notices that are required to be published in the Register or have been approved by the 
Codifier of Rules for publication. 



) 



U.S. Department of Justice 

Civil Rights Division 

DLP:GS:NT:jdp Voting Section 

DJ 166-012-3 P.O. Box 66128 

95-1536 Washington, D.C. 20035-6128 

July 21, 1995 

Kenneth R. Hoyle, Sr., Esq. 

Lee County Attorney 

P.O. Box 1968 

Sanford, North Carolina 27331-1968 

Dear Mr. Hoyle: 

This refers to the relocation of the Board of Elections of Lee County, North Carolina, submitted to the Attorney 
General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submission on May 23, 1995. 

The Attorney General does not interpose any objection to the specified change. However, we note that the failure 
of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the change. See the 
Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 

Sincerely, 

Deval L. Patrick 

Assistant Attorney General 

Civil Rights Division 

By: 



Elizabeth Johnson 
Acting Chief, Voting Section 



) 



10:10 NORTH CAROLINA REGISTER August 15, 1995 825 



PROPOSED RULES 



TITLE 10 - DEPARTMENT OF 
HUMAN RESOURCES 

Notice Ls hereby given in accordance with G.S. 
150B-21.2 that the DHR/Division of Medical Assistance 
intends to amend rules cUed as 10 NCAC 261 .0101 - .0103, 
.0106 - .0107; and repeal rules cued as 10 NCAC 261 .0104 
- .0105. 

Proposed Effective Date: November 1, 1995. 

A Public Hearing will be conducted at 1:30 p.m. on 
September 7, 1995 at the NC Division of Medical Assis- 
tance. 1985 Umstead Drive, Kirby Building, Room 132, 
Raleigh, NC. 

Reason for Proposed Action: To clarify appeals proce- 
dures for recipient/applicant appeal and attending physician 
review procedures for denial , suspension, termination, or 
reduction of prior approval requests or denial of other 
medical services. 

Comment Procedures: Wriaen comments concerning this 
rule-making action must be submitted by September 14, 
1995, to Portia Rochelle, APA Coordinator, Division of 
Medical Assistance, 1985 Umstead Drive, Raleigh, NC 
27603. Oral comments may be presented at the hearing. A 
fiscal note statement is available upon written request from 
the same address. 

Fiscal Note: These Rules do not affea the expenditures or 
revenues of local government or state Junds. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 261 - RECIPIENT/APPLICANT 

APPEAL REVIEW PROCEDURES FOR DENIAL, 

SUSPENSION, TERMINATION, OR REDUCTION 

OF PRIOR APPROVAL REQUESTS OR DENIAL OF 

OTHER MEDICAL SERVICES 

SECTION .0100 - APPEALS PROCEDURES 

.0101 PURPOSE AND SCOPE 

(a) The purpooo of thoo e Rul e s ie to ep e oif)' th e jwl i oi e o 
and procoduroo to pFOvido for attending physician foquoota 
for foconsidoTOtiop and recipient foquoeta for appeal of 
dooioiono changing a rooipient'o or a Modiooid applioant'o 
level of oar e . denial or modification of prior approval 
roquoetfl or denial of other medical sorvicos. 

(b) Thoao Ruloo apply to dociaions made by the attending 
phyoioion. a Utilization R e v ie w Committee (URC) a M e dical 
R e vi e w Ind e p e ndent Prof e sflional Review Team (MR/IPR) 
or a Prior Approval Unit (PAU) acting as agents of the state 
agency. 

— (e^ — Whenever th e att e nding physioion, the URC. th e 
MR/IPR or the PAU ord e re a chang e in th e l e v e l of oar e or 



denies or modifioa a 8or . 'ioe or a prior approval roquoot, 
Duoh body ohall first verbally or in writing notify', ao ooon 
as possible but at l e ast within i S hours of th e d e oioion, th e 
recipients attending physician (AP) of the decision. If the 
AP disagrooo with the decision, ho may request informn } 
app e al ao specified in 10 NCAC 261 .0103. 

(d) — The decision making body shall, within 18 hours, 
notify the recipient in writing of the decision and of the 
following! 

(4^ the e ff e ctiv e dat e of th e d e cision d e nying or 

modify'ing sor . 'ioe; 
{¥) the date Medicaid payment V i 'ill ooose, if applica 

(^ the oppwrtunit)' for formal appeal of this d e oioion 

and proc e dur e s for r e questing such an appwal; 

(4) the fact that, if appealed, payment for the our 

rontly certified level of core will continue for an 
on going M e dicaid patient p e nding appeal; and 

(4^ that th e attending physician has boon notifi e d of 

this decision. 

(a) TTie purpose of these Rules is to specify the policies 
and procedures to provide for recipient/applicant or his/her 
representative requests for an informal a ppeal of decisions 
changing a Medicaid recipient/applicant's level of care, 
denial, termination, suspension, or reduction of prior 
a pproval requests or denial of other medical services. 
These policies and procedures do not apply to provider 
requests for Reconsideration Review of DMA provider post 
payment review decisions set out in 10 NCAC 26G. 

(h) These Rules apply to decisions made by the Division 
of Medical Assistance "(DMA)", a Medical Review Inde- 
pendent Professional Review Team "(MR/IPR)". a Prior 
Approval Unit "(PAU)". or other State Agencies acting as 
agents of this State agency. 

(c) The decision making body as set out in Paragraph (h) 
of this Rule shall, within two working days, notify the 
recipient in writing of the decision and the following: 

(1) the effective date of the decision denying, termi- 
nating, reducing, or suspending a service; 

(2) the reasons for the agency decision: 

(3) the specific regulations that su pport, or the 
change in Federal or State law that requires the 
decision; 

(4) the date Medicaid payment will cease, if a pplica- 
ble: at least 1 1 days after the date of the notifi- 
cation letter: 

(5) the o ppKjrtunity for informal appeal of this 
decision and procedures for requesting such an 
a ppeal; and 

(6) the fact that, if appealed, payment for the cur- 
rently certified level of care or a pproved service 
will continue for an eligible Medicaid recipient 
pending appeal . 

Authoritx G.S. 108A-25(b); 42 C.F.R. 431; 42 C.F.R. 456. 



826 



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10:10 



PROPOSED RULES 



.0102 REQUESTS FOR FORMAL AND INFORMAL 
APPEALS 

— (a) — Thoro aro two typoo of r e oonoid e mtiono that may b e 

utilized when oithor tho attonding phyoioian or rooipiont or 

his logo! — roprooontntiv e — is diaoatisfiod with a dooiaion 

oonooming lovol of oaro or modiFioation of o e r . 'ioo or prior 

approval. Th e o e typoo ar e informal and fomml r e oorw idef- 

ationo. 

— (^ — i\n infoi ' imJ roconBidoration is a review of tho lovol 

of car e of tho rooipiont. 

— (o) A formal r e oonoid e ration is a oont e ot e d ooo e h e aring 

conduotod by tho Offioo of Adminiotrativo Hearings. 

There are two levels of a ppeals that may be utilized when 
the recipient/applicant or his/her representative is dissatis- 
fied with a decision concerning level of care denial, suspen- 
sion, reduction, or termination of service, or prior approval. 
These levels are informal and formal appeals. 
(U Informal. The recipient/applicant or his/her 
representative may request an informal Reconsid- 
eration Review by the Division of Medical Assis- 
tance (DMA) Hearing Unit. 
(2) Formal. Formal appeals are conducted by the 
Office of Administrative Hearings (OAH) under 
G.S. 150B. and the rules promulgated by the 
Office of Administrative Hearings. 

Authority G.S. 108A-25(b); 150B-Anicle 3; 42 C.F.R. 431; 
42 C.F.R. 456. 



mail, facsimile, or hand delivery within 11 days from the 
date on the notification letter of suspension, reduction, 
termination, or denial of service. If the eleventh day falls 
on a Saturday. Sunday or legal holiday, then the period 
during which an informal appeal may be requested shall run 
until the end of the next day which is not a Saturday. 
Sunday or legal holiday. 

Authority G.S. 108A-25(b); 42 C.F.R. 456. 

.0104 FORMAL APPEALS 

(a) Formal appoola may bo made only by the rooipiont or 

his legal reproeontative. Tho attending physician may 

partioifHtto in the formal app e als prooooo with th e oonour 
r e no e of tho r e oipieot. 

(b) — A requeat for a formal appeal aa a oontoatod oaso 
hearing must bo in writing and received by tho Offioo of 
Adminiotrativ e H e arings within 60 day s of r e c e ipt of this 
l e tt e r of notifioation of l e v e l of oar e ohong e . 

(c) — Tho attending phyaician may waive the informal 
reconsidoration procoea to participate in tho formal process 
with tho r e cipi e nt with th e oonourr e no e of the recipiont. 

Authority G.S. 108A-25(b); 42 C.F.R. 431. 

.0105 PROCEDURES FOR FORMAL APPEALS 

Formal app e als ore conducted by th e Offio e of Admiaistra 
tivo Hearings pursuant to N.C.G.S. 150B. 



.0103 TIME LEVirrS ON REQUESTS FOR 
RECIPIENT/APPLICANT 
RECONSIDERATION REVIEWS 

— (a) There is one opportunity for informal appeal, which 
oonflioto of roconsid e ration bj' the body V i 'hioh initially made 
tho disputed docioion. 
(b) Attonding Physician (AP) Requests for Reconsidora 

(4) If th e i\P dioagreoo with a URC d e cision and 

dooiroo r e oonoid e ration. h e must r e qu e st r e con 
sidomtion from tho URC Chairman. His request 
muflt bo received by the URC within five work 
ing days of rocoipt of notifioation of th e d e oi 
s ion. — If th e r e qu e st for r e consid e ration is not 
rocoived by the URC within the five day period, 
it shall be considorod a waiver of the physician's 
opportunit)' for r e oonoid e ration. 

(S) If th e AP dioagreoo with a MR/IPR or PAU 

dooiaion and doeiroa reconsideration, he must 

roquoat roconsidoration from the body which 

mad e th e d e oioion. Hio initial requ e st for r e con 

sid e ration must b e r e c e iv e d by th e appropriat e 

body within five day a of tho date of notification 

of this decision. 

The recipient/applicant or his/her representative may 

appeal a decision made by DMA, MR/IPR. PAU. or other 

State agency. The request for an informal appeal must be 

made in writing and received by the DMA Hearing Unit by 



Authority G.S. 108A-25(b); 42 C.F.R. 431. 

.0106 PAYMENT PENDING APPEALS 

(a) If no formal appeal is roquooted. Medicaid paymonta 
shall continu e for th e e xisting l e v e l of care until th e r e quir e d 
chang e date stated in tho notification or until th e r e cipi e nt 
moves from that level of oofo, whiohovof oocupo first. 
— fb^ — If a formal appeal is foquosted in aooordonce with 
Rul e .0101 of this Subchapter, M e dicaid paym e nt for th e 
e xisting l e v e l of cor e shall continu e until th e formal appeal 
process if completed. 

(c) If the change in level of care decision is upheld, the 
Division may recov e r M e dicaid paym e nts from th e r e quir e d 
chang e date op> e oifi e d in th e initial notifioation until th e dat e 
tho apf>oal i s complotod. 

(a) If no informal appeal is requested, payment shall 
continue for the existing level of care or approved service(s) 
rendered until the required change (action) date stated in the 
notification or until the recipient moves from that level of 
care or discontinues a pproved service(s). whichever comes 
first. 

(b) If an informal appeal is requested in accordance with 
Rule .0103 of this Section. Medicaid payment for that level 
of care or a pproved service(s') shall continue until the 
informal appeal process is completed. 

(c) If a formal a ppeal is requested in accordance with 
Rule .0102(b) of this Section. Medicaid payment for that 
level of care or approved service(s) shall continue until the 



10:10 



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August 15, 1995 



827 



PROPOSED RULES 



formaJ a ppeal process is completed. 

(d) If the formal a ppeal decision upholds the original 
decision by DMA. MR/IPR. PAU, or other State Agency, 
DMA may institute recovery procedures against the appli- 
cant or recipient to recoup the cost of any services furnished 
resulting from the formal appeal process. 

Authority G.S. 108A-25(b); 42 C.F.R. 431. 

.0107 DISMISSAL OF APPEAL 

—itk) — If, at any time during th e r e oonoidoration or app e al 
prooofls, the rocipiont'o medical condition worsona and the 
patient ia properly rocortifiod to the oKisting or a higher 
level of oaro, the rooonoid e ration or appeal oholl bo oon 
elud e d in favor of th e r e cipient. 

—(b) — If, through the informal appeal procooa, a decision 
aatiafaotory to a recipient formally appHwling io reached 
prior to compl e tion of th e formal app e al, th e formal app eal 
shall th e n b e oonolud e d in favor of th e recipi e nt. 

(o) — All decisiona reached through the formal appeal s 
proooQO are administratively final and negate any opposing 
d e cision — r e ach e d — through — the — informal — r e consid e ration 
process. 

(a) Scheduled Reconsideration Reviews may be dismissed 
if applicant/recipient or his/her representative withdraws the 
request in writing. 

£bj If a ppUcant/recipient or his/her representative fails to 
a p[)ear at a scheduled Reconsideration Review without good 
cause, the review will still be held. 

(c) If. at any time during the reconsideration or appeal 
process, the recipient's medical condition worsens and the 
patient is properly re-certified or approved for the existing 
or a higher level of care or service, the reconsideration or 
a ppeal shall be concluded in favor of the recipient. 

Authority G.S. 108A-25(b); 42 C.F.R. 431. 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the Social Services Commission intends 
to amend rules cited as 10 NCAC 42W .0001 - .0002. 

Proposed Effective Date: November 1, 1995. 

A Public Hearing will be conducted at 10:00 a.m. on 
September 6, 1995 at the Albemarle Building, Room 943-2, 
325 N. Salisbury Street, Raleigh, NC. 

Reason for Proposed Action: During the 1995 Session of 
the General Assembly, changes were made in the laws 
governing client eligibility for the State Abortion Fund. As 
a result, corresponding changes must be made in 10 NCAC 
42W .0001 Nature and Scope and 10 NCAC 42W .0002 
Eligibility. 

Comment Procedures: Comments may be presented 



anytime before or at the public hearing. Tune limits for oral 
remarks may be imposed by the Commission Chairman. Any 
person may request copies of these Rules by calling or 
writing to Shamese Ransome, Special Assistant, NC Division 
of Social Services, 325 N. Salisbury Street, Raleigh, NC 
27603, (919) 733-3055. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state funds. 



CHAPTER 42 



INDIVIDUAL AND FAMILY 
SUPPORT 



SUBCHAPTER 42W - STATE ABORTION FUND 

.0001 NATURE AND SCOPE 

(a) The State Abortion Fund is a financial resource for 
abortion procedures for North Carolina residents who need 
the procedure and who meet the eligibility criteria as 
established in Chapt e r 321, Section 259.1 of the 1993 
Soooion Laws by the General Assembly and the criteria in 
10 NCAC 35E.0106 for Health Support Services including 
all subsequent amendments and editions. A copy of this 
rule may be obtained from the office of Administrative 
Hearings, Post Office Drawer 27447, Raleigh, NC 
27611-7447, (919) 733-2678, at a cost of two dollars and 
fifty cents ($2.50) for up to ten pages and fifteen cents 
($.15) for each additional page at the time of adoption of 
this Rule. 

(b) The State Abortion Fund is administered by the 
Division of Social Services. 

(c) Only abortions p)erformed in accordance with applica- 
ble state laws are reimbursable under the State Abortion 
Fund. 

Statutory Authority G.S. 14-45.1; 1438-153; 1995 S.L., c. 
507, s. 23. 8A. 

.0002 ELIGIBILITY 

(a) State Abortion Funds are administered uniformly in 
every political subdivision of the state. Applications are 
made to county departments of social services. A county 
other than the client's county of residence may authorize 
State Abortion Funds for individuals who do not want to 
apply for services in their own counties for reasons of 
confidentiality. 

(b) Applicants must be residents of North Carolina and 
meet the eligibility criteria as established by the General 
Assembly in Chapt e r 321, S e ction 259. la of th e 19 9 3 
Se s sion Law s and the criteria in 10 NCAC 35E.0106 for 
Health SupfKJrt Services including all subsequent amend- 
ments and editions. When the gestation jjeriod is over 20 
weeks prior approval for the procedure must be obtained 
from the Division of Social Services. A copy of this rule 
may be obtained from the Office of Administrative Hear- 
ings, Post Office Drawer 27447, Raleigh, NC 27611-7447, 
(919) 733-2678, at a cost of two dollars and fifty cents 



828 



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August 15, 1995 



10:10 



PROPOSED RULES 



($2.50) for up to ten pages and fifteen cents ($. 15) for each 
additional page at the time of adoption of this Rule. 

Stamory Authority G.S. 14-45.1; 143B-153; 1995 S.L. , c. 
507, s. 23. 8A. 



TITLE 19 A - DEPARTMENT OF 
TRANSPORTATION 

Notice is hereby given in accordance with G.S. 
15 OB -2 1.2 that the North Carolina Department of 
Transportation intends to amend rule cited as 19 A NCAC 4 A 
.0004. 

Proposed Effective Date: December 1, 1995. 

Instructions on How to Demand a Public Hearing (must 
be requested in writing within 15 days of notice): A demand 
for a public hearing must be made in writing and mailed to 
Emily Lee, Department of Transportation, P.O. Box 25201, 
Raleigh, NC 27611. The demand must be received within 
15 days of this Notice. 

Reason for Proposed Action: The amendments reflect a 
Division of Highways job tide change and grammatical 
corrections. 

Comment Procedures: Any interested person may submit 
written comments on the proposed rule by mailing the 
comments to Emily Lee, Department of Transportation, P. O. 
Box 25201, Raleigh, NC 27611, within 30 days after the 
proposed rule is published or until the date of any public 
hearing held on the proposed rule, whichever is longer. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of local government or state finds. 

CHAPTER 4 - SECRETARY OF 
TRANSPORTATION 

SUBCHAPTER 4A - DUTIES AND 
RESPONSIBILITIES 

.0004 HIGHWAY TRAITFIC ORDINANCE 
AUTHORITY 

(a) TTie Secretary of Transportation is delegated the 
authority by the Board of Transportation to adopt all 
necessary rules for the use of and to police traffic on state 
highways. 

(b) The Manager of Traffic Enginooring State Traffic 
Engineer is subdelegated the authority by the Secretary of 
Transportation to adopt all necessary rules for the use of and 
to p>olice traffic on state highways, othor than sotting, 
changing or oxtonding and to set, change or extend route 
numbers on the Primary highway system of North Carolina. 



Statutory Authority G.S. 143B-350(f),(g). 

TITLE 21 - OCCUPATIONAL LICENSING BOARDS 
CHAPTER 2 - BOARD OF ARCHITECTURE 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Board of Architec- 
ture intends to amend rules cited as 21 NCAC 2 .0301 - 
.0302. 

Proposed Effective Date: July 1, 1996. 

A Public Hearing will be conducted at 10:00 a.m. on 
September 20, 1995 at the Professional Building, 127 W. 
Hargett St. , Suite 304, Raleigh, NC 27601. 

Reason for Proposed Action: 

21 NCAC 2 .0301 - Sets out current application procedures 
and deadlines for the national computerized examination. 
21 NCAC 2 .0302 - Provides for administration of the 
national examination by computer and establishes the length 
of time the passing grades for each division are valid. 

Comment Procedures: Any person interested in these rules 
may present oral comments relevant to the action proposed 
at the public rule-making hearing or deliver written com- 
ments to the Board office not later than Wednesday, Septem- 
ber 20, 1995. Anyone planning to attend the hearing should 
not^y the Board office by noon Friday, September 15, 1995 
whether they wish to speak on the proposals. Speakers will 
be limited to 5 minutes. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state funds. 

SECTION .0300 - EXAMINATION PROCEDURES 

.0301 APPLICATION FOR EXAMINATION 
OR REGISTRATION 

(a) All jjersons desiring to submit applications for written 
examination must complete an application and submit the 
application fee. All new applications and supp)orting 
documents for the Architectural Registration Examination 
(ARE) must be on file in the office of the Board not later 
than March 1 st of oaoh year for the Juno examination a ad 
Octob e r lot of a aoh y e ar for th e D e c e mb e r e xamination two 
months prior to the date of initial examination in order for 
the applicant's eligibility to be determined and in order that 
the candidate applicant may receive proper instructions to 
prepare for the examination. Applioationo and any oupport 
ing dooum e nto oubmitt e d aft e r midrught of March Ist or 
October 1st of each year s hall bo deemed by th e Board to bo 
incompleto and tho cand i date shall not bo eligible to sit for 
th e n e xt adminiotrotion of th e e xamination. If an application 
is in proper form and the applicant is otherwise qualified by 



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829 



PROPOSED RULES 



statute and the rules of the Board to sit for the examination, 
notice will be mailed to the applicant, with detailed informa- 
tion as to the time, place and other requirements of the 
examination. 

(b) The fees for examination, or parts thereof, will be 
established by the Board m order that all costs for examina- 
tion materials are recovered. Fees will be published in a 
separate schedule and will be made available to all appli- 
cants for examination. A non-refundable application fee as 
established in Rule .0108 of this Chapter must be submitted 
with each first-time application in addition to the examina- 
tion fee. 

Statutory Authority G.S. 83A-4; 83A-6; 83A-7. 

.0302 WRITTEN EXAMINATION 

(a) Licensure Examination. All applicants for architec- 
tural registration in North Carolina by writt e n examination 
must pass the Architectural Registration Examination 
(ARE), administered in North Carolina, prepared by the 
National Council of Architectural Registration Boards 
(NCARB). Provided, applicants who have never been 
registered in any state or territory may transfer credits for 
portions of the examination previously passed in another 
state if at the time of taking the exam elsewhere they 
otherwise qualified for taking the exam in North Carolina. 
under the rules in this Chapter. 

(1) Description. The nature of the examination is to 
place the candidate in areas relating to actual 
architectural situations whereby his abilities to 
exercise competent value judgements will be 
tested and evaluated. 

(2) Qualifications. The prequalifications necessary 
for an applicant's admission to the Architectural 
Registration examination (ARE) are as follows: 

(A) be of good moral character as defined in North 
Carolina General Statute 83A-1(5); 

(B) be at least 18 years of age; 

(C) hold a degree in architecture from a college or 
university where the degree program has been 
approved by the Board, or professional educa- 
tion equivalents as outlined and defined in the 
North Carolina Board of Architecture's Table 
of Equivalents for Education and Experience, 
Appendix A. Beginning July 1, 1991, the 
professional education qualification shall be a 
NAAB (National Architectural Accrediting 
Board) accredited professional degree in archi- 
tecture; provided that an applicant whose 
education equivalents otherwise qualified under 
the Board's rules in effect prior to 1989 may 
apply for admission to the Architectural Regis- 
tration Examination. However, an applicant 
who does not hold a NAAB accredited profes- 
sional degree may not accumulate more than 
three and one half years of education credits in 
the aggregate from all degree programs in 



which he was enrolled. Further provided, the 
applicant must file with the Board by Decem- 
ber 31, 1991, a notice of intent to sit for the 
examination on or before June 30, 1995; 

(D) if an applicant failed to send the notice of 
intent under Part (a)(2)(C) of this Rule and 
does not have the five-year professional degree 
in architecture from an NAAB accredited 
institution, the Board in its discretion, may 
admit the applicant to sit for the ARE for the 
first time no later than the June 1996 exam 
only upKDn each of the following conditions: 

(i) the applicant received a four-year degree 
in architecture from an NAAB accredited 
institution prior to 1989; and 
(ii) the applicant's education equivalents other- 
wise qualified under the Board's rules in 
effect prior to 1989; and 
(iii) the applicant completely qualified and 
applies for the exam no later than March 
1, 1996; and 
(iv) the applicant has demonstrated a continu- 
ing intention to seek licensure in North 
Carolina by either: 
(V) completing the four-year degree in 

architecture in North Carolina; or 
(II) obtaining the practical training or expe- 
rience required by Part (a)(2)(E) of this 
Rule in North Carolina; and 

(E) have three years' practical training or experi- 
ence in the offices of registered architects or 
its equivalent as outlined and defined in the 
North Carolina Board of Architecture's Table 
of Equivalents for Education and Experience, 
Appendix A. All applicants who apply for 
architectural registration subsequent to July 1, 
1987 shall be required to follow the Intern 
Development Program (IDP) through the 
National Council of Architectural Registration 
Boards or an equivalent program approved by 
the North Carolina Board of Architecture in 
order to satisfy the requirements of this Sec- 
tion. In the case of any applicant certifying to 
the Board that he or she had accrued sufficient 
training credits under the requirements of the 
current Appendix A prior to July 1, 1987, so 
that 12 or fewer months of training remained 
to be acquired, then the current Appendix A 
shall continue in effect for such applicant. 

(b) Retention of Credit. Transfer credits for parts of the 
examination passed prior to the 1983 Architectural Registra- 
tion Examination (ARE), shall be as established by the 
Board. Information as to transfer credits will be provided, 
when appropriate, to candidates as an inclusion with the 
application forms. 

(c) Practical Training. Practical training means practical 
experience and diversified training as defined in the North 



830 



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10:10 



PROPOSED RULES 



Carolina Board of Architecture's Table of Equivalents for 
Education and Experience, Appendix A. However, the 
Board reserves the right to judge each case on its own 
merits. 

(d) Personal Audience. The candidate may be required 
to appear personally before the examining board or a 
designated representative of the Board and afford the Board 
an opportunity to judge his natural endowments for the 
practice of architecture, his ethical standards, and by 
questions gain further knowledge of his fitness for the 
practice of architecture. The time for this audience will be 
set by the examining body. 

(e) Grading. The ARE shall be graded in accordance 
with the methods and procedures recommended by the 
NCARB. 

(1) To achiovo a poooing grade on tho j\RE , An 
applicant must receive a passing grade of 75 in 
each division. Grades from the individual 
divisions may not be averaged. Applioonto will 
hnvo unlimitod opportunitios to rotnko divioiono 
which thoy fail, but all divisions, previously 
failed, must bo retaken at one timo at a oubo e 
quont e xamination. A passing grade for any 
division on any examination taken after July \^ 
1996. shall be valid only for five years. 

(2) In ord e r to inouro faimooo in grading and to 
proBors'o anonymit)' until aft e r tho examinations 
have boon graded . Each candidate will receiv e 
shall be assigned a number by the Board that 
will be unique for each candidate. This number 
shall b e plao « d by the candidat e on all papers 
and oxhibito. together with photo identification, 
shall be required for admittance to the examina- 
tion. 

(f) Tim e and plac e . — Beginning in 19 8 3, th e Board will 
ttdministor tho ARE ovor a four day period to all applicants 
oUgiblo, in acoordanoo with tho roquironrKMits of this Rule. 
Th e plaoo and exact dates will b e announo e d in advanc e of 
th e e xamination. 

Statutory Authority G.S. 83 A- 1; 83A-6; 83A-7. 
CHAPTER 32 - BOARD OF MEDICAL EXAMINERS 



Reason for Proposed Action: To define licensure for those 
who volunteer for no profit. 

Comment Procedures: Persons interested may present 
written or oral statements relevant to the actions proposed 
at a hearing to be held as indicated above. Written state- 
ments not presented at the hearing should be directed before 
September 14, 1995 to the following address: Administrative 
Procedures, Medical Board, PO Box 20007, Raleigh, NC 
27619. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state funds. 

SUBCHAPTER 32B - LICENSE TO PRACTICE 
MEDICINE 

SECTION .0900 - SPECIAL VOLUNTEER LICENSE 

.0901 DEFINmON OF PRACTICE 

The Special Volunteer License limits its holder to the 
practice of Medicine as follows: 

(1) practice within the confines of specific locations 
a pproved by the Board: and 

(2) practice with no expectation of payment or com- 
pensation whatsoever for any medical services 
rendered, or any compensation or payment to the 
Special Volunteer Licensee either direct or indi- 
rect, monetary, in -kind, or otherwise for the 
provision of medical services. 

Statutory Authority G.S. 90-13. 

.0902 QUALIFICATION FOR LICENSURE 

(a) The applicant shall meet all requirements for licensure 
pursuant to 21 NCAC 32B .0200 or 21 NCAC 32B .0300 
except that in lieu of the fee of two hundred fifty dollars 
($250.00) required at 21 NCAC 32B .0308. that licensure 
fee shall be one hundred dollars ($100.00). 

(b) The holder of a currently registered license to practice 
medicine issued pursuant to 2i NCAC 32B .0200 or 2i 
NCAC 32B .0300 uf>on Board completion of an application 
provided by the Board and payment of a fifty dollar 
($50.00) fee may obtain a Special Volunteer License to 
replace the previously issued license. 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Medical Board 
intends to adopt rules cited as 21 NCAC 32B . 0901 - . 0902; 
and amend rule cited as 21 NCAC 32F .0003. 

Proposed Effective Date: November 1, 1995. 

A Public Hearing will be conducted at 1:00 p.m. on 
September 14, 1995 at the North Carolina Medical Board, 
1203 Front Street, Raleigh, NC 27609. 



Statutory Authority G.S. 90-13; 90-15. 
SUBCHAPTER 32F - BIENNIAL REGISTRATION 

.0003 FEE 

Each physician shall pay a biennial registration fee of two 
hundred dollars ($200. (X)) to the Board every odd numbered 
year in accordance with G.S. 90-15.1; except, each physi- 
cian holding a resident's training license shall pay a biennial 
registration fee of twenty-five dollars ($25.00). ($25.00). 
and every physician who holds a special volunteer license 



10:10 



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August 15, 1995 



831 



PROPOSED RULES 



shall pay a biennial registration fee of ten dollars ($10.00). 
Statutory Authority G.S. 90-18(13); 90-18.1. 

CHAPTER 32 - BOARD OF MEDICAL EXAMINERS 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Medical Board 
intends to amend rules cited as 21 NCAC 32M .0001 - 
.0012. 

Proposed Effective Date: November 1, 1995. 

A Public Hearing will be conducted at 1:00 p.m. on 
September 13, 1995 at the North Carolina Medical Board, 
1203 Front Street, Raleigh, NC 27609. 

Reason for Proposed Action: To clarify actual procedures 
followed and to decrease procedural steps followed in the 
approval process. 

Comment Procedures: Persons interested may present 
written or oral statements relevant to the actions proposed 
at a hearing to be held as indicated above. Written state- 
ments not presented at the hearing should be directed before 
September 13, 1995 to the following address: North 
Carolina Medical Board, Administrative Procedures, PO 
Box 20007, Raleigh, NC 27619. 

Fiscal Note: These Rules do not qffea the expenditures or 
revenues of local government or state funds. 

SUBCHAPTER 32M - APPROVAL OF NURSE 
PRACTITIONERS 

.0001 DEFINITIONS 

The following definitions apply to this Subchapter: 

(1) " Medical Board" means the Board of North 
Carolina Medical Board. Exomin e ro of th e Stat e 
of North Carolina, to whom rospwnsibilit)' is givon 
by G.S. 00 6 to approve individuala in aocordono e- 
with thooo Ruloo and to ooouro oomplianoo with 
thooo Ruloo. 

(2) "Board of Nursing" means the Board of Nursing 
of the State of North Carolina. 

(3) (3) "Joint Subcommittee" means the subcommit- 
tee composed of members of the Board of Nursing 
and Members of the Medical Board of Modiool 
Examiners to whom resf)onsibility is given by 
G.S. 90-6 and G.S. 90-171. 23(b)(14) to develop 
rules to govern the performance of medical acts 
by nurse practitioners in North Carolina. 

(4) f3^ "Nurse Practitioners or NP" means a cur- 
rently licensed registered nurse a pproved with 
additional e duoation to perform medical acts who 



functions at the direction of or under the supervi- 
sion of a licensed physician for those medical acts . 
phyo i oian lio e no e d by the Board and who p e rform 
medical acta traditionally pofformod by the phy s i 
cian Buoh oa diagnooio and tfoatment. — In aooof 
dano e with G.S. 90 1 8 .2, only Only individmilo a 
registered nurse approved by the Medical Board ef 
Medical — ExaminofO and the Board of Nursing 
undef these Ruloa may legally identify themflolv es- 
oneself as a Nurse Pmotition e ro Practitioner . It is 
understood that the nurse practitioner, by virtue of 
RN licensure, is independently accountable for 
those nursing acts which he or she may perform. 

(5) (4) "Nurse Practitioner Applicant" means a 
registered nurse th e individual upon whos e behalf 
an application for approval io submitted who may 
function befef© prior to full approval as a Nurse 
Practitioner in accordance with Rule .0003(0) of 
this Subchapter in th e som e mann e r as a student 
under strict supefvision as outlined in Rule .0002 
of this Subchapter . 

(6) (5) "Supervision" means the physician's function 
of overseeing {xiti e nt oas e monag e m e nt r e l e vant to 
medical acts performed by the nurse practitioner . 
NP as outlined in Rule .000 9 of this Subchaptef. 

(7) (6) "Primary Sujjervising Physician" means the 
licensed physician who, by signing the nurse 
practitioner application, is held accountable for the 
on-going su pervision and evaluation of the medical 
acts p>erformed by the nurse practitioner as defined 
in the site specific written protocols. The primary 
supervising physician shall assume the responsibil- 
ity of assuring the Boards that the nurse practitio- 
ner is qualified to perform those medical acts 
described in the site specific written protocols. 
moans the physician who, by signing the applica 
tion for approval, accopta full modiool odministra 
tivo roeponsibilit)' for th e NP'o aotiviti e o at all 
times wh e th e r h e pwrsonally is providing oupor i 'i 
sion or supor^'ision is being provided by a Back up 
Supervising Physician. — The Primary Supervising 
Physioian oholl oflsum e total r e sponsibility for th e 
NP's p> e rformano « in th e partioular field or fi e lds 
in which the NP is expected to porform modioal 

(8) p^ "Back-up Supervising Physician" means the 
licensed physician who, by signing the nurse 
practitioner application for approval, aooopts 
foeponsibilit)' to bo available to is held accountable 
for supervising sufwrvis e the NP' s performance of 
medical acts aotiviti e e in th e absenc e of by the 
nurse practitioner in accordance with the site 
specific written protocols when the Primary 
Sujjervising Physician is not available, only in th e 
praotio e oit e e listed in th e approval application. 
The Back up Supor>'ising Physician i s roepons i blo 
fo r the medical activities of the NP only when ho 



832 



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August 15, 1995 



10:10 



PROPOSED RULES 



\a providing oufwi^'iaion. 

— (g) "FormuloT)'" moano the dooum e nt whioh lista th e 

g e n e ric — oatogori e o — of dnigo to bo pr e oorib e d, 
ordorod, — or dioponsod by physician oxtondors 
undof written otanding ordoro from the suf>or . 'iaing 
physician for patient cor e in approved practice 

— (9) "Approved — practice — sitoa" — meana — »ft4y — these 

practice sites specifically li s ted in the approved 
application on file in the Boord'o office in whioh 
the NP may legally p e rform m e dical acto. 
(9) "Approval" means authorization by the Medical 
Board and the Board of Nursing for a registered 
nurse to practice as a nurse practitioner in accor- 
dance with this Subchapter. 
(10) "Written standing protocols" means the signed and 
dated set of written practice iguidelines maintained 
at each practice site which describe the prescribing 
privileges, treatments, tests and procedures that 
define the scope of the nurse practitioner's medi- 
cal acts in that setting. 

Statutory Authority G.S. 90-18(14); 90-18.2; 90-171. 23(b). 

.0002 SCOPE OF PRACTICE 

The Nuroo Practition e r Applicant atatuo may bo uo e d onl)' 
by an individual whooo application for approval ao a Nurao 
Pmotitionor has boon received in the Nursing Board's office. 
The Nurso Practitioner Applicant status may not bo used to 
"try out" a job or work t e mporarily in a job in whioh th e 
individual dooo not int e nd to obtain approval. — In th e e v e nt 
the individual loavoa the job in which ho has worked as a 
Nurse Pmotitionor Applicant before approval i s granted, the 
individual muot submit a writt e n e xplanation to th e Board 
b e fore h e may work in the Nuro e Practitioner Applicant 
status in onothor job. 

— (4^ The Nurso Pmotitionor Applicant statu a applies to: 

(a) on individual newly graduated from an approv e d 

NP e ducational program; or 
(b) an individual coming to North Carolina for the 

first time who has worked previously as on NP 

in anoth e r stat e . 

— (^ A — Nura e — Practition e r — Applicant describ e d — in 

Subpamgmph (1) of this rule may function before 
approval in accordance with this Subchapter under 
sup e r . 'ision with the following limitations: 
(a) w e ar — id e ntification — as a — "Nurs e Practitioner 

Applicant"; 

(b) have no proscribing privileges; 

(o) hav e imm e diat e physician count e rsigning of all 

m e dical notations in all pati e nt charta in all 

practice locations; 
(d) have no reriKite practice sites. — (Tho supep i 'lsing 

phyoioian must always b e phyaioally present in 

th e practic e sit e in whioh the applicant is work 

ing.) 
— (^) The Nurse Practitioner Applicant status does not 



apply to an individmil previously approved as an 
NP in North Carolina in anoth e r practice oituation 
whioh has t e rminat e d who ia seeking approval in 
a now job. — TTio previously approved NP may 
function prior to approval — of the now job as 
follow s : 

(«) wear identification as a "Nuro e Pmotitionor"; 

(b) use proscribing number previously issued by tho 

Board for proocribing privileges; 

(^ hav e physician oountorsigning of all medical 

notations in all patient oharta in all pmotio e 
locations within 2 4 hours of NP patient contact. 
The nurse practitioner is responsible and accountable for 
the continuous and comprehensive management of a broad 
range of personal health services for which the nurse 
practitioner is educationally prepared and for which compe- 
tency has been maintained, with physician supervision as 
described in 21 NCAC 32M .0010. These services include 
but are not restricted to: 

(1) promotion and maintenance of health: 

(2) prevention of illness and disability; 

(3) diagnosing, treating and managing acute and 
chronic illnesses; 

(4) guidance and counseling for both individuals and 
families; 

(5) prescribing, administering and dispensing thera- 
peutic measures, tests, procedures and drugs; 

(6} planning for situations beyond the nurse practitio- 
ner's expertise, and consulting with and referring 
to other health care providers as appropriate; and 

(7) evaluating health outcomes. 

Statutory Authority G.S. 90-18.2; 90-171.42. 

.0003 NURSE PRACTITIONER APPROVAL 

(a) Qualifications for nurse practitioner approval. A 
registered nurse must be a pproved by the Medical Board 
and the Nursing Board before the individual may practice as 
a nurse practitioner. In ord e r to b e considered for approval 
as a Nurse Practitioner, an applicant must! The Boards may 
grant approval to practice as a nurse practitioner to an 
individual who: 

(1) is be currently licensed as a registered nurse by 
the North Carolina Board of Nursing; 

(2) provide evidence of successful completion of a 
oours e of formal e ducation and instruction in tho 
proooduroe and praotio e s of th e NP will bo 
e xpected to perform, as sot forth in Rule .0005 
of this Subchapter, has successfully completed 
an a pproved educational program as outlined in 
Rule .0004 of this Subchapter; 

(3) has an unrestricted license to practice as a 
registered nurse and, if a pplicable, an unre- 
stricted a pproval to practice as a nurse practitio- 
ner unless the Boards consider such condition 
and agree to approval; 

£4} submits any information deemed necessary to 



10:10 



NORTH CAROLINA REGISTER 



August 15, 1995 



833 



PROPOSED RULES 



evaluate the application: 

(5) has a primap/ supervising phvsician agreement: 
and 

(6) pays the appropriate fee. 

— (b) Initial approval mny bo denied for any of tho rotUjonG 
sot forth in Rul e .0007 of this Subchapter, as w e ll as failur e 
to oatiof)' th e Joint ouboommitte e of tho quolifioationo of th e 
NV' educational program from which tho applicant graduntcd 
03 sot forth in Rule .0005 of this Subchapter. 
.OOO ' I £b} Application for NP nurse practitioner approval. 

(1) {et) Application for nurse practitioner approval 
of an NP must be made ufxjn the appropriate 
forms and must be submitted jointly by the NP 
nurse practitioner and primary suf)ervising 
phvsician(s) . phyoioians with whom th e NP will 
work. 

(2) fb) — Applicants complete in over > ' detail and 
QveP i ' — supporting — docum e nt — required. — must 
Applications for first-time approval in North 
Carolina shall be submitted to either tho offioo 
ef the Nursing Board and then processed by both 
Boards as follows: of Nursing or th e Board of 
Medioal Examiners as indioot e d in th e applioa 
tion instructions. — In order that the application 
rray bo considered in a timely fashion, applioa 
tions must b e submitted by th e doadlinoo stated 
in the application instruotiono. 

(A) the Nursing Board will verify compliance with 
Subparagraphs (a)(1) ; (4) of this Rule: 

(B) the Medical Board will verify compliance with 
Subparagraphs (a)(4) ; (6) of this Rule: and 

(C) the appropriate Board will notify applicant of 
final approval status. 

(o) Applioations for approval of new NP jobs ar e oonoid 
e red by the Joint Suboommitteo ' ■ ' ■ 'hioh mak e c its r e oomm e n 
dationa to the Board of Medical Examiners for final disposi 
tion of tho application. 

(d) If for any reason an NP disoontinu e o working under 
tho supen'ioion of th e Primary Supen'ioing Physician und e r 
which the NP is approved, tho Board shall be notified and 
the NP' s approval shall automatically terminate until such 
tim e ofl a n e w applioation is approv e d in aooordano e with 
this Subchapt e r. 

— fe^ — Applications for approval of ohangoe in tho NP 
pmctico may bo administrotively approved by the appropri 
at e Board staff and report e d to th e Board of M e dioal 
Examin e rs at e ach me e ting. 
^i^ The following applications shall bo considered 

for administrative approval by staff of both 

Boards: 

(-A-) — routin e job ohong e o of NT^ proviouijly approv e d 

in N . C . . and 

(-B) — additional job under a now primary supor i 'ising 

physioion. 
f2^ Th e following applioations shall b e oonsiderod 

for administrative approval by the staff of tho 

Board of Medical Examiners: 



(-A) — change of primary guporvising physician when 

that io tho only change taking plaoe In o our 

r e ntly approved NP praotio e site; 
(B) — addition of back up supoP i 'ising physicians to 

a ourreotly approved NP pmctico site; 
(G) — addition of praotio e sit e o under tho supon^ioion 

of th e ourrontly approv e d primary' supop i 'ioing 

physician; 
{&) — change of countersigning timo in a cuirontly 

approv e d NP praotioe sito; 
fE^ — t e mporojy approval for s e cond site on relief 

basis not to excocd four months. 
—(4) — Administrative approval is not automatic for tho 
applioations listed in this Rule. — Tho ohongoo may bo 
administrativ e ly approv e d at tho discr e tion of th e Boards' 
staffs. — The changes which cannot bo procoosod automati 
oally but must be conoidorod by tho Board include tho 
following: if any of th e background qu e stions are answer e d 
"yoo" by th e NP or primojy suporvioing physician, or if tho 
NP or any other supofvising physicians listed have on 
Lnvootigativo complaint or public file. 

(3) Applications for approval of changes in practice 
arrangements for a nurse practitioner currently 
approved to practice in North Carolina: 

(A) addition or change of primary supervising 
phvsician shall be submitted to the Medical 
Board: 

(B) requests for change(s) in scope of practice 
shall be submitted to the Nursing Board: 

(C) the appropriate Board will notify a pplicant of 
final approval status. 

(4) Interim status for nurse practitioner a pplicant 
may be granted as follows: 

(A) a registered nurse who is a new graduate of an 
approved nurse practitioner educational pro- 
gram as set forth in Rule .0004 of this Sub- 
chapter: or 

(B) a registered nurse seeking first time approval 
to practice as a nurse practitioner in North 
Carolina who has worked previously as a 
nurse practitioner in another state and who 
meets the nurse practitioner educational re- 
quirements as set forth in Rule .0004 of this 
Subchapter: and 

(C) the Nursing Board has issued interim approval 
with the following limitations: 

(i) no prescribing privileges: 

(ii) physician on-site for appropriate ongoing 
supervision, review and countersigning of 
notations of medical acts in all patient 
charts within 24 hours of nurse practitio- 
ner a pplicant-patient contact: and 

(iii) may not exceed a period of six months. 

(5) The registered nurse who was previously ap- 
proved to practice as a nurse practitioner in this 
state shall: 

(A) meet the nurse practitioner a pproval require- 



834 



NORTH CAROLINA REGISTER 



August 15, 1995 



10:10 



PROPOSED RULES 



) 



ments as stipulated in Subparagraphs (a)(1). 
(a)(3) - (a)(6): 

(B) complete the a ppropriate application: and 

(C) receive notification of a pproval from the 
a ppropriate Board. 

(6) If for any reason a nurse practitioner discontin- 
ues working in the a pproved supervising phvsi- 
cian(s) arrangement, the Boards shall be notified 
in writing and the nurse practitioner's a pproval 
shall automatically terminate or be placed on an 
inactive status until such time as a new applica- 
tion is a pproved in accordance with this Sub- 
chapter. 

Statutory Authority G.S. 90- 18(1 3), (14); 90-18.2; 
90-171.20(7); 90-171. 23(b); 90-171.42. 

.0004 tOoos requirements for approval 
of nurse practitioner educational 
programs 

(a) The Joint Subcommittee shall establish the require- 
ments for a pproval of nurse practitioner educational pro- 
grams. 

(b) An NP A nurse practitioner applicant must provide to 
the Board of Nursing evidence of successful completion of 
a course of formal education and instruotion which contains 
a core curriculum including four months 400 contact hours 
of didactic education and four months 400 contact hours of 
preceptorship or supervised clinical experience. 

(1) The core curriculum shall contain as a minimum 
the following components: 

(A) (ft) — data colloction health assessment and 
diagnostic reasoning including : 

(i) historical data; 
(ii) physical examination data; 
(iii) organization of data base; 

(B) (b) pharmacology; 

(C) (o) oommon illnooooo: pathophysiology; 
(i) pathophysiology; 

(h) difforontial diagnosis for the purpose of 

consultation, roforral, or managomont of: 

(D) clinical management of common health care 
problems and diseases related to: 

(A) — oommon disoasos of the head and nock 

£i) (B) common respiratory system and pul 

monary dio e ao e o ; 
(ii) (C) oommon cardiovascular system prob 

(iii) (D) oommon GI problems gastrointestinal 

system: 
(iv) (B) — oommon GU and GYN probl e ms 
genitourinary system : 

(F) — common infoctious diaoaaos; 

(G) — oommon e m e rg e noi e o; 

(H) — oommon n e urologio poyohiatrio problomn; 

(v) (I) oommon skin problems integumentary 
system : 



(vi) 

(vii) 
(viii) 



£ixi 
£xi} 



(J) oommon — bomatologioal — probloms 

hematologic and immune systems : 

(K) oomm ee endocrine system probloms ; 

(t^ oommon musculoskeletal system 

probloms ; 
infectious diseases: 



nervous system: 

behavioral, mental health and substance 

abuse problems: 

(E) (d) clinical preventive services including 
health promotion and prevention of disease; 

(F) ( e ) teaching and oounsoling client education 
related to Parts (b)(1)(D) and (E) of this Rule; 
and 

(G) (^ role r e alignment and tronds development 
including legal, ethical, economical, health 
policy and interdisciplinary collaboration 
issues. 

(2) Nurse practitioner applicants who may be ex- 
empt from the components of the core curricu- 
lum requirements listed in Subparagraph (b)(1) 
of this Rule are: 

(A) («) Any nurse practitioner approved in North 
CTarolina prior to January 18, 1981, is perma- 
nently exempt from the core curriculum re- 
quirement. 

(B) (^ Aay A nurse practitioner certified by a 
national organization credential ing body ap- 
proved by the Joint Suboommitt ee Nursing 
Board who also provides evidence satisfying 
Parts (b)(1)(A) ; £C1 of this Rule shall be 
exempt from the core curriculum roquiromont 
requirements in Parts rb)(l)(D) ; £G} of this 
Rule. Evidence of satisfying Parts (b)(1)(A) - 
(C) of this Rule shall include, but may not be 
limited to: 

(i) a narrative of course content: and 
(ii) contact hours. 

(C) (e) — As A nurse practitioner applicant whose 
formal education does not meet all of the 
stipulations in Paragraph (b) of this Rule aay 
r e quest ooncid e nition by tho Joint Suboommit - 
tee may appeal to the Board of Nursing on the 
basis of other education and experience. 

Statutory Authority G.S. 90-18(14); 90-171.42. 

.0005 ANNUAL RENEWAL 

(a) Each registered nurse who is a pproved as a nurse 
practitioner in this state will, upon notification from the 
Medical Board, annually renew said approval by: 

(1) Verifying current RN licensure: 

(2) Submitting the fee required in Rule .0012 of this 
Subchapter: 

(3) Completing the renewal form; and 

(4) Providing documentation of the required number 
of hours of Continuing Education as stipulated in 



10:10 



NORTH CAROLINA REGISTER 



August 15, 1995 



835 



PROPOSED RULES 



Rule .0006 of this Subchapter, 
(b) If the nurse practitioner has not renewed within 30 
days of renewal date, set by the Medical Board, the ap- 
proval to practice as a nurse practitioner will lapse. 

Statutory Authority G.S. 90-6; 90-18(14); 90- 17 1.23(b). 

.0006 CONTINUING EDUCATION (CE) 

In order to maintain nurse practitioner a pproval to prac- 
tice, beginning no sooner than two years after initial 
a pproval has been granted, the nurse practitioner must earn 
30 hours of continuing education every two years. At least 
three hours of continuing education every two years shall be 
the study of the medical and social effects of substance 
abuse including abuse of prescription drugs, controlled 
substances, and illicit drugs. Continuing Education hours 
are those hours for which American Nursing Credential ing 
Center (ANCC) and Accreditation Council on Continuing 
Medical Education (ACCME) have granted a pproval. 
Documentation must be maintained by the nurse practitioner 
at each practice site and made available upon request to (3) 

either Board. 

Statutory Authority G.S. 90-6; 90-18(14); 90-171.23(14). 



.0007 INACTIVE STATUS 

(a) Any nurse practitioner who wishes to place his or her 
approval on inactive status may notify the Boards by 
completing the form supplied by the Boards. 

(b) The registered nurse with Inactive nurse practitioner 
status shall not practice as a nurse practitioner. 

(c) The registered nurse with inactive nurse practitioner 
status who reapplies for approval to practice shall be 
required to meet the qualifications for approval as stipulated 
in Rule .0003(a)(1), (a)(3) - (a)(5) and (b) of this Subchap- 
ter. 

Statutory Authority G.S. 90-18(13); 90-18.2; 90-171.36. 



£Ai 

m 



in 



^ 



(A) 



(B) 



(4) 



(5) 



.0008 rmQ6 PRESCRIBING AUTHORITY 

(a) — Tho NP Applicant and oupors'iaing phyoioiano oholl (A) 

aoknowlodgo in the applioat i on that th e y ar e familiar with (B) 

lawn and rul e o r e garding proooribing and shall agr ee to (C) 

comply ^'ith those laws and ruloo by incorporating tho laws (D) 

and rulofl into their written s tanding protocols fof each (E) 

approv e d practic e sit e . (6) 

(a) (b) The prescribing stipulations contained in the Rules 
apply to writing prescriptions and ordering the administra- 
tion of medications. 

(b) (^ Prescribing and dispensing stipulations are as (7) 
follows: (A) 

(1) Drugs and devises that may be prescribed by the 
NP nurse practitioner in each tho approved 
practice site must be included in the written 
standing protocols as outlined in Rule .(XX)9(2) 

of this Section. (B) 

(2) Controlled Substances (Schedules 2, 2N, 3, 3N, 



4, 5) defined by the State and Federal Controlled 
Substances Acts may be prescribed or ordered as 
estabUshed in written standing protocols, provid- 
ing all of the following restrictions are met: 
the nurse practitioner has an assigned PEA 
number which is entered on each prescription 
for a controlled substance. 
(A) dosage units for schedules 2, 2N, 3 and 
3N are limited to a one week's supply except 
Dextroamphetamine . Methylphenidate and 
Pemoline for the treatment of Attention Deficit 
Disorder which are limited to a 30 day su pply: 
and 

^ the prescription or order for schedules 2, 
2N, 3 and 3N may not be refilled, without a 
specific written or verbal order from tho 
supon'ising physician and 
— the >fP hoo an aooign e d DBA number which is 
e nt e r e d on e ach proooription for a controlled 
substance. 
The NP nurse practitioner may prescribe a drug 
not included in the site specific written standing 
protocols only as follows: 
upon a specific written or verbal order ob- 
tained from the sujjervising physician before 
the prescription or order is issued by the NP 
nurse practitioner: and 

the written or verbal order as described in Part 
(e) (b)(3)(A) of this Rule must be entered into 
the patient record and signed by the NP nurse 
practioner with a notation that it is to b e issued 
on the specific order of the supervising physi- 
cian. (For example Maiy Smith, NP on order 
of John Do e , M.D.) 
Refills may be issued for a period not to exceed 
one year except for schedules 2, 2N, 3 and 3N 
controlled substances which are excluded from 
refills may not be refilled . 
Each prescription must be noted on the patient's 
chart and include the following information: 
medication do s e and dosage; 
amount prescribed; 
directions for use; 
number of refills; and 
signature of the NP nurse practitioner . 
The prescribing nimiber assigned by the Medical 
Board of M e dical Examinero to the NP nurse 
practitioner must appear on all prescriptions 
issued by the NP nurse practitioner . 
Prescription Format: 
All prescriptions issued by the NP nurse 
practitioner shall contain the supervising physi- 
cian(s) name, the name of the patient, and the 
NP's nurse practitioner's name, telephone 
number and prescribing number. 
The NP's nurse practitioner's assigned DEA 
number shall be written on the prescription 



836 



NORTH CAROLINA REGISTER 



August 15, 1995 



10:10 



PROPOSED RULES 



form when a controlled substance is prescribed 

as defined in Subparagraph ^ ibi(2) of this 

Rule. 

(c) <d) The NP nurse practitioner must obtain approval 

te dispense thoeo drugs and devices included in the written 

standing protocols for each approv e d practice site from the 

Board of Pharmacy, and must cany out the function of 

dispensing in accordance with 21 NCAC 46 . 1700, which is 

hereby incorporated by reference including subsequent 

amendments of the referenced materials. 

Authority G.S. 90-6; 90-18(14); 90-18.2; 90-171.23(14); 
90-171.42; 58 Fed. Reg. 31, 171 (1993) (to be codified at 
21 C.F.R. 1301). 

.0009 PHYSICIAN SUPERVSION 

Supervision shall be provided by the a pproved rosponsiblo 
phyoioian phvsician(s) as follows: 

(1) Availability: 

(a) The supervising physician shall be continuously 
available for direct communications by radio, 
telephone, or telecommunications. 

(b) The supervising physician shall be readily avail- 
able on a rogularly ochodulod boiiio for consulta- 
tion or referrals of patients from the ^i^ nurse 
practitioner . 

(c) If the nurse practitioner is to perform duties at 
a site away from the sup>ervising physician, the 
application must clearly sjjecify the circum- 
stances and the supervisory arrangements. 

(2) Written Standing Protocols: 

(a) Written standing protocols approved and signed 
by both the supervising physician(s) and the NP 
nurse practitioner shall be maintained in each 
approv e d practice site; 

(b) The written standing protocols shall include the 
drugs, devices, medical treatments, tests and 
procedures that may be prescribed, ordered and 
implemented by the NP nurse practitioner con- 
sistent with Rule .0006 .0008 of this Subchapter, 
and which are appropriate for the diagnosis and 
treatment of the most commonly encountered 
health problems in that practice setting; 

(c) The written standing protocols shall include a 
pre-determined plan for emergency services; 

(d) The written standing protocols shall specify the 
process by which the NP nurse practitioner shall 
refer a patient to a physician other than an 
approved supervising physician; 

(e) The nurse practitioner must be prepared to 
demonstrate upon request to a member of either 
the Board of Nursing or the Medical Board, or 
an agent, the ability to perform medical acts as 
outlined in the site specific written standing 
protocols. 

(3) Countersigning of Medical Acts: 

(a) The maximum time interval between the NP'b 



nurse practitioner's contact with the patient and 
^ai4 medical record review and countersigning 
of medical acts by the supervising physician is 
seven days for outpatient (clinic/office') nurse 
practitioner-patient contacts. 

(b) The time interval for countersigning of notations 
of medical acts in the medical records of inpa- 
tients (hospital, long-term care institutions') by 
the supervising physician must comply with the 
rules and regulations of the institution, but at a 
minimum: 

(i) the initial workup, medical orders and treat- 
ment plan, must be countersigned within seven 
days of the time of nurse practitioner-patient 
contact; and 
(ii) in the acute inpatient setting, the initial 
workup, medical orders and treatment plan 
must be countersigned and dated within two 
working days of the nurse practitioner-patient 
contact. 
Countoroigning time previously approved by the 
Board r e main in e ff e ct until a chang e io opooifi 
oally appli e d for and approved in aooordano e 
with Rule .000 4 of this Section. 
— (o) A longer oountoraigning time intoi^'al may bo 
oonoid e r e d — by the Joint Subcommitt ee upon 
ap e oifio requ e st. The roquoot ohould e xplain the 
praotioo oircumfltonooe which nocooaitato the 
longer oountoraigning interval. 

(d) All m e dical e ntri e o into th e patient chart by an 

NP in all approv e d praotio e looationo must bo 
countoraignod — by — the — aupors'iaing — phyaioian, 
including modical progrooa notoa; modical treat 
mont rendered; toot or proc e dur e s ord e r e d; and 
notations of preooriptiono, — ord e rs, — or drugs 
diapKMiood. 

-(4) Supofvision Diatanco! 

— (a) If th e NP is to p e rform duties away from the 

sup e rvising physician, — th e application — nu«( 
cloarly apocify' the circumstanooa and the aupor 
visory orrongomonto ootabliahod to protect the 
pati e nt. 

— (fe) D e tails must b e submitt e d d e scribing distanc e , 

time, topography, physical choractoriatica, and 
communication ability botv . 'oon the NP and the 
sup e n i 'ising physician. 

(c) The time interval between the nurse practitio- 
ner-patient contact and countersigning by the 
supervising physician of the nurse practitioner's 
notations of medical acts in the medical records 
of patients in special community -based care 
programs, such as dialysis and hospice, must 
comply with the rules and regulations of the 
specific care program. 

(4) f5) Suj>ervising Physicians: 
(a) A physician in a graduate medical education 
program, whether fully licensed or holding only 



10:10 



NORTH CAROLINA REGISTER 



August IS, 1995 



837 



PROPOSED RULES 



a resident's training license, cannot be named as 
a supervising physician. 

(b) A physician In a graduate medical education 
program who is also practicing in a non-training 
situation may supervise on NP a nurse practitio- 
ner in the non-training situation if fully licensed 
and approved to supervise by the Medical 
Board . 

(c) All physicians who may supervise the NP nurse 
practitioner in any manner must be approved in 
accordance with this Subchapter before NP nurse 
practitioner supervision occurs. 

— (4^) The NP must be proparod to domonstroto upon 

roqu e ot to a m e mb e r of oithor th e Board of Nuro 
ing or the Board of M e dical Examin e re, or on e of 
its dologatoo. tho abilit)' to porform modical acts 
oflsignod by the supervising phyaician. 

Statutory Authority G.S. 90-6; 90-18(14); 90-18.2; 
90-171.23(14). 



(5) (4) that the NP nurse practitioner is adjudicated 
mentally incompetent or that the NP'o nurse 
practitioner's mental or physical condition renders 
the NP nurse practitioner unable to safely fimction 
as an NP a nurse practitioner: or 

(6) f7^ that the NP nurse practitioner has failed to 
comply with any of the provisions of this Sub- 
chapter. 

Statutory Authority G.S. 90-18(14); 90-171.37. 

.0010 ANNUAL RENEWAL OF NP APPROVAL 

(a) Nuroo Pmctitionors approved in accordanoo with thi s 
Subchapt e r shall r e new th e ir approval annually with the 
Board of forma suppli e d by th e Board on or b e for e July 1 
of each year. 

(b) In tho ovont failure to ronow approval continuos for a 
pwriod of 30 days, tho approval of th e NP may bo ousp e ndod 
by th e Board aft e r notic e and h e aring in aooordono e with 
G.S. 150B 3 8 . 



.0010 tW08 method of IDENTIFICATION 

The NP nurse practitioner shall wear an appropriate name 
tag spelling out the words "Nurse Practitioner". 

Statutory Authority G.S. 90-18(14). 

.0011 .m^ DISCIPLINARY ACTION 

The approval of an NP a nurse practitioner may be 
restricted, denied or terminated by the Medical Board and 
the registered nurse license may be restricted, denied, or 
terminated by the Nursing Board, if, when, after due notice 
and hearing in accordance with provisions of Article 3A of 
G.S. 150B. the the appropriate Board shall find one or more 
of the following : 

(1) that the NP nurse practitioner has held himself out 
or permitted another to represent him as a licensed 
physician; 

(2) that the NP nurse practitioner has engaged or 
attempted to engage in the performance of medical 
acts other than at the direction of, or under the 
supeA'ision of. a physician licensed by the Medi- 
cal Board who is approved by the Board to be that 
nurse practioner's supervising physician: 

(3) that the NP nurse practitioner has performed or 
attempted to perform medical acts for which th e 
NP is not approved in the site specific standing 
protocols or for which the NP nurse practitioner 
is not qualified by education and training to 
perform: including pr e ooribing. — ord e ring. — ef 
dispen s ing drug s not allow e d by th e Formular)' 

—(4) that tho NP i s impaired physically, mentally, or 

professionally as a ro s ult of using mind altering 
chomioals: 

(4) (^ that the NP nurse practitioner has been con- 
victed in any court of a felony or other criminal 
offense; 



Statutory Authority G.S. 90-6; 90-18(14). 

.0012 tMU fees 

(a) An application fee of seventy five doUara one hundred 
dollars ($75.00) ($100.00) must be paid at the time of initial 
appUcation for approval and each subsequent application for 
omploymont ohongo e approval to practice . The sovonty five 
dollar one hundred dollar ($75.00) ($100.00) application fee 
shall be equally divided between the Board of Nursing and 
the N.C. Medical Board of M e dical Exominero . No other 
fees are shared . 

(b) j\n application foo of fifty dollars ($50.00) must bo 
paid at th e tim e of application for a ohongo of primary 
ouperT i 'ising physician. 

(b) (e) The fee for annual renewal of approval, due July 
1 , is twenty dollars fifty dollars ($20.00) ($50.00) . 

(c) (4) No portion of tho fooo any fee in this Rule is 
refundable. 

Statutory Authority G. S. 90-6. 

.0012 NP Forms 

— (a) Tho following documonta regarding nurso practitionors 
may bo obtained from tho office of oithor tho Board of 
Nursing or th e Board of M e dical Examin e r s 
(4^ Rul es — for Approval — of Nur se Practition e rs, 

Subchapter 32M; 

(5) Formulai yt 

(5) North Carolina Laws Regarding Nurs e Praotitio 

n e rs: and 

(4^ Application for NP approval. 

(b) Tho following documents are issued by tho Board of 
M e dical Examin e rs: 

(+) Statement of Approval, upon b e ing approv e d; 

(5^ application for Annual Renewal of Approval, 

mailed during Juno to all Nurso Practitioners 



838 



NORTH CAROLINA REGISTER 



August 15, 1995 



10:10 



PROPOSED RULES 



approved by May 1; and 
^ Cortifioflt e of Ronowol, upon r e n e wing approval. 

Statutory Authority G.S. 150B-11. 

CHAPTER 36 - BOARD OF NURSING 

Notice is hereby given in accordance with G.S. 
150B-21. 2 that the North Carolina Board of Nursing 
intends to amend rules cited as 21 NCAC 36 .0401 - .0405. 

Proposed Effective Date: December 1, 1995. 

A Public Hearing will be conducted at 1:30 pm on 
September 21, 1995 at the Embassy Suites Hotel, 4800 South 
Tryon Street, Charlotte, NC. 

Reason for Proposed Action: To be consistent with G.S. 
90-171.55; DFS Rules - 10 NCAC 3H .0514 - .0517 and 42 
U.S.C.S. 1395i-3 (1987). 

Comment Procedures: Any person wishing to present oral 
testimony relevant to proposed rules may register at the door 
before the hearing begins and present hearing officer with a 
written copy of testimony. Written comments concerning this 
adoption must be submitted by September 14, 1995 to: 
North Carolina Board of Nursing, PO Box 2129, Raleigh, 
NC 27602, ATTN: Jean H. Stanley, APA Coordinator. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. 

SECTION .0400 - UNLICENSED PERSONNEL: 
NURSE AIDES 

.0401 ROLES OF UNLICENSED PERSONNEL 

(a) Definitions. As used in Section .0400: 

(1) "Nursing care activities" means activities per- 
formed by unlicensed personnel which are 
delegated by licensed nurses in accordance with 
paragraphs (b) and (c) of this Rule. 

(2) "Patient care activities" means activities per- 
formed by unlicensed personnel when health 
care needs are incidental to the personal care 
required and are not delegated by a licensed 
nurse. 

(b) The Board of Nursing, as authorized by G.S. 90- 
n\.23(h)(\)(2)(3). shall be the determining authority to 
identify those nursing care activities which may be delegated 
to unlicensed personnel. The licensed nurse, registered and 
practical, in accordance with 21 NCAC 36 .0224 and .0225 
and G.S. 90-171.20(7")(8) . may delegate nursing care 
activities to unlicensed jjersonnel, regardless of title, that are 
appropriate to the level of knowledge and skill of the 
unlicensed {personnel and are within the legal scope of 



practice as defined by the Board of Nursing for unlicensed 
personnel. The lioons e d prootiool nuro e aooumoo rooponoibil 
it)' for delegating to and oupers'ioing unlioonood poroonnol ia 
oituationo in which a fegiotorod nufso of otbof individual 
authorized by law is available fof diiK>ot pwrtioipation in 
cli e nt oar e ao neo e ooary to coordinat e , oao e oo, plan, imple - 
m e nt, and e valuate that cor e . Th e regiotored nuroe, or th e 
Uoonsod pmctical nuroe, ia rogponsiblo for Bupof>'i8ion of the 
nursing oare aotivitiee of the unlioonsod poroonnel and 
mointoino legal aooountability and r e oponoibility for nuroing 
cor e giv e n by all peroonnol to whom that oare io delegated. 
(c) Those activities which may be delegated to unlicensed 
persoimel are determined by the following variables: 

(1) knowledge and skills of the unlicensed person- 
nel; which include both baoio oduoationol propa 
ration (Level I) and training added through 
additional educational preparation and troia iBg 
(L e v e l U); 

(2) verification of clinical competence of the unli- 
censed personnel by the employing agency: 

(3) stabihty of the client's condition which involves 
predictability, absence of risk of complication, 
and rate of change, aad which thereby excludes 
delegation of nursing care activities which 
require nursing ossooomont or judgment by a 
lio e noed nuroo during th e p e rformono e of the 
activity do not meet the requirements defined in 
21 NCAC 36 .0221(b) : 

(4) the variables in each service setting which 
include but are not limited to: 

(A) the complexity and frequency of nursing care 
needed by a given client f>opulation; 

(B) the proximity of clients to staff; 

(C) the number and qualifications of staff; 

(D) the accessible resources; and 

(E) established pwlicies, procedures, practices, and 
channels of communication which lend support 
to the tyjjes of nursing activities being dele- 
gated, or not delegated, to unlicensed person- 
nel. 

Statutory Authority G.S. 90-171. 20(2)(4)(7) d..e.,g.(8); 90- 
171.43(4): 90-171.55: 42 U.S.C.S. 1395i-3 (1987). 

.0402 COORDINATION WITH DIVISION 
OF FACILITY SERVICES (DFS) 

(a) RuloD in this Section p e rtaining to L e v e l I nuro e aide 
training and compotoncy evaluation or Level I nurse aide 
competency evaluation shall bo oonsistont with federal 
requiremento for unlic e ns e d nuroing poroonnol. The Board 
of Nursing shall accept Level I nurse aides listed on the 
Division of Facility Services maintained Nurse Aide 
Registry as meeting the requirements of 2i NCAC 36 
.04O3(a'). 

(b) L e ' i ' e l I nuro e aid e training and comp e t e ncy e valuation 
programs and Lovol I nurse aide competency evaluation 
programs reviewed by the Division of Facility Sorviooa for 



10:10 



NORTH CAROLINA REGISTER 



August 15, 1995 



839 



PROPOSED RULES 



nufoiDg facilitioo ohall bo appfovod by the Board of Nufoing 
upon goooptano e of th e Divioion'o prooooo and oriteria for 
implomontntion of ouoh progromp oo idontifiad in Rul e 
■O 4 05(a)('1) of thin Section. The Board of Nursing shall 
maintain authority to regulate scope of practice of unlicensed 
l>ersonnel at all levels. 

(c) The Board of Nursing shall receive roquootod informa- 
tion fixim the Division of Facility Services regarding nuroing 
facilitioo to maintain the ccotrol tagmlry of all qualified 
Level I nurse aides. 

Stamory Authorisy G.S. 90- 17 1.20(2) (4) (7) d. .e. .g. ,(8)(c).; 
90-171.43(4); 90-171.55; 42 U.S.C.S. 1395i-3 (1987). 

.0403 QUALIFICATIONS 

(ft) — As of Jonuxu^' 1. 1990. or oonsiatont with any dat e 
amended by tho Fodoral Govommont, but no later than 
Janufljy 1. 1991. a nuroing faoilit)', and by August H, 1990 
or oon/jiotont with an)' date am e nded by the Fodoral Govern 
ment, but no later than January' 1. 1991 fof a homo health 
agency, as rrmndatod by tho Omnibua Budget Reconciliation 
Act of 1987 [P.L. 100 203, 12 U.S.C.S. 13951 3 (19 8 7)], 
ohall tio e any — unlioono e d individual ao a Nuroe i\id e I, 
fogafdloea of title, to provide nufaing caro activitiee, as 
identified in Rule .0 4 05(c) of this Section, to clienta longer 
than th e firot four montho following initial hiring unl e oo: 

(4^ tho individual hoc ouooooofully compl e t e d, ia 

addition to an orientation program specific to tho 
employing — agency, a Board of Nursing ap 
proved Lovol I nuro e aid e training and oomp e 
tenoy evaluation program or a Board approved 
competency evaluation program; and 

(S) the nursing facility or home health agency hoa 

inquired of th e Board of Nuroing as to informa 
tion in th e Nuro e Aid e Regiotr)' oono e ming th e 
individual and has confiimcd with tho Board of 
Nursing that the individual ia listed on tho Nurse 

Aid e R e gistry'. Nursing faoiliti e e may aloo 

' I 'orify' th e regiotration of a Nuro e i\ido I with the 
Division of Facility' Sorvicoe. 
{a} (b) Pursuant to G.S. 90-171.55. As as of January 1. 
19 9 1, April Jj, 1992 no individual may function a o e r . 'io e 
ag e ncy, oth e r than a nursing faoilit)' or a hom e h e alth 
agency identified in Paragraph (a), of this Rule, shall use 
any unlicensed individual as a nurse aide I, regardless of 
title, to provide nursing care activities, as identified in Rule 
.0401(a) of this Section, to clients or residents until: fef 
longer than the fir s t four montho following initial hiring 
unless ! 

(1) the individual has successfully completed, in 
addition to an orientation program specific to the 
employing agency facility, a Board of Nursing 
State approved Level I nurse aide training and 
competency evaluation program or its equiva- 
lent: or a Board State approved competency 
evaluation programt and the employing facility 
or agency has verified listing on the Division of 



Facility Services Nurse Aide Registry 

(DFSNAR): or 

(2) th e ag e poy hoc inquir e d of th e Board of Nuroing 

as to information in the Nuree i\ido Rogisti * )' 

conooming the individual and has confir m ed 

with the Board of Nuroing that tho individual io 

list e d — OB — tbe — Nuro e — Aid e — R e gistry. the 

agency/facihtv has assured that the individual is 

enrolled full-time in a State a pproved nurse aide 

I training and competency evaluation program 

which the individual will successfully complete 

within four months of employment date. 

{b} (e) Pursuant to G.S. 90-171.55, As as of January 1^ 

1991 the dat e that thooe ruloo are eff e ctiv e , a oon i 'ioo 

agency, homo health ag e ncy, or a nursing faoilit)' ohall not 

use any — unliconaod no individual may function as a nurse 

aide 11 at tho Nuroe i\ide Level II unless: 

(1) the individual has successfully completed, in 
addition to an orientation program Sfjecific to the 
employing agency, a Board of Nursing approved 
Level n nurse aide t r aining and oompotoncy - 
e valuation program or its equivalent as identified 
by the Board of Nursing : and 

(2) the agency has inquired of the Board of Nursing 
as to information in the Board of Nursing Nurse 
Aide n Registry concerning the individual and 
confirms with the Board of Nursing that the 
individual is listed on the Board of Nursing 
Nurse Aide fl Registry (BONNAR) as a nurse 
aide Level 11. L e vel II; or 

(3^ Th e nuro e aid e (s) V r 'ho j> e rformod any Nura e 

Aide n activit)'(ie6) prior to March 1, 19 8 9, 
may continue performing such activity(ioe) in 
that ag e ncy until March 1, 1993. — By March 1, 
1992. the individual muot ouoo e oofuUy oomploto 
a — Nur s e Aide II — Training — aad Compote aey- 
Evaluation Program and submit a completed 
application and f e e for listing on th e R e giotr^'. 
By April 1, 1990 tho nuro e odminiotrator of e ach 
agency must notify' tho Board of Nursing in 
writing of tho following: 
(A) — namo of oaoh — unlic e ns e d p e rson who had 
p e rform e d prior to March 1, 19 8 9 and oontin 
uoa to f>erforms any Nurse j'Vido 11 activ 
ityCies); 
fB) — th e Nuro e Aid e H aotivity(i e e) b e ing p e r 

fef m e d; and 
(€) — a plan indicating v i 'ben each unlicensed person 
performing Nurse Aide 11 activity(ie8) will 
compl e te a Nuro e iiVid e II Training and Com 
p o t e ncy Evaluation Program and be lioted on 
the Rogistr)'. 
A copy of the notification shall bo kof>t on file at 
th e agency for r e vi e w i ' by th e North Carolina 
Board of Nuroing. 
(c) (d) Registration Listing on the a Nurse Aide Registry 
is not required if the care is performed by clients them- 



840 



NORTH CAROUNA REGISTER 



August 15, 1995 



10:10 



PROPOSED RULES 



selves, their families or significant others, or by caretakers 
who provide fjersonal care to individuals whose health care 
needs are incidental to the personal care required. 

Statutory Authority G.S. 90-171. 20(2)(4)(7) d..e.,g.: 90- 
171.43(4); 90-171.55: 42 U.S.C.S. 1395i-3 (1987). 

.0404 LISTING AND RENEWAL 

(a) Tho Board of Nursing ohall maintain a list of nurse 
aidoo in tha Nurs e Aide Rogiotr)' who aro qualifi e d in 
aooordnnoo with th e r e qu i romonto of Rul e .0103 of this 
Section. All nurse aide II's, regardless of working title, 
employed or assigned in a service agency or facility for the 
purpose of providing nursing care activities shall be listed 
on the Board of Nursing Aide n Registry and shall meet the 
following requirements; 

(1) successful completion of a nurse aide 11 program 
or its Board appro\ed equivalent; 

(2) listing as a Level I nurse aide on the DFS Nurse 
Aide Registry with no substantiated findings of 
abuse, neglect, or misappropriation of property; 
and 

(3) submission of an application to the Board of 
Nursing for placement on the Board of Nursin g 
Nurse Aide II Registry prior to \^orking as a 
nurse aide II. 

The application shall be submitted with the required fee 
within 30 days of completion of the nurse aide II program. 
Applications for initial listing received in the Board office 
between April and June shall show an expiration date of 
June 30 of the following year. 

(b) All nurse aides, rcgardlosa of working t i tle, employed 
or as si gned in a sop i 'ico agency for the purpo se of providing 
nursing car e activiti e s shall, upon ouoc e ssful compl e t i on of 
a nurse aid e training and compet e ncy e valuation program or 
a nurse aide eomp>etency eva l uation program, submit on 
application to the Board of Nur s ing for placement on the 
Nurse Aid e R e gistry'. — Th e application shall b e submitt e d 
with an annua l fe e . — Employ e r s ar e e ncourag e d, wh e n e v e r 
posaiblo, to submit the fee for their nurse aides. — The Board 
will establish a process which facilitates the payment of the 
f ee by tho employer. 

fe^ — A nur se aid e e mploy e d as of January 1. 1 9 90 in a 
nursing facility or home health agency, as mandated by 4 2 
U. S .C.S. 1395 i 3 (1987), shall sucoossfully complete a 
Board — of Nurs i ng — approv e d — tra i ning — and — comp e t e ncy 
e valuation program or a comp e t e ncy e valuat i on program 
prior to submitting an application to tho Board of Nur si ng 
for placement on the Nur s e Aide Registry. 

(49 — A nurs e aid e e mploy e d in a s e n'ic e ag e ncy as of 
January 1 . — 1991 shall succe s sfully complete a Board of 
Nur s ing — approved — training — and — competency — evaluation 
program or an approved competonoy evaluation program 
prior to submitt i ng an app li cation to tho Board of Nursing 
for p l ac e m e nt on th e Nurs e A i d e Reg is tr)'. 

(b) Nursing students currently enrolled in Board of 
Nursing approved nursing programs desiring listing as a 



nurse aide II shall submit: 



121 



An a pplication with fee; and 
A listing form completed by the nursing pro- 
gram director indicating successful completion of 
course work equivalent in content and clinical 
hours to that required for a nurse aide II. 

(c) Registered nurses and licensed practical nurses who 
hold current, unrestricted licenses in North Carolina, and 
registered nurses and licensed practical nurses in the 
discipline process by the Board of Nursing who have been 
granted a pproval by the Board of Nursing or its designee 
may make application as a nurse aide II. 

(d) (0 Any nurse a i de who has had a continuou s p e riod 
of 2 ' 1 months during which no nur s ing car e activiti es w e r e 
performed for mon o lary comp e nsation, shall succ e ssfully 
complete a now training and competency e valuation program 
and submit on application to be plac e d on tho Nurse Aide 
R e g i str)'. An individual previously enrolled in a Board 
approved nursing program leading to licensure as RN or 
LPN may list with no additional testing provided the student 
withdrew from school in good standing within the last 24 
months and completed the equivalent content and clinical 
hours. Such individual shall submit listing form as de- 
scribed in Paragraph (b)(2) of this Rule. If the student was 
in goo. l standing upon withdrawal from the school and 
withdTe\v from the school in excess of 24 months, the 
student must complete entire nurse aide II program. 

(e) fg)-4 Tie D i v i sion of Facility Sep i 'icos, or any other 
employ i ng agency. — is respvons i blc for investigating com 
p l aintii related to nurse aid es . — If. following a tim e ly r e view 
and investigat i on of all e gations of olionl n e g le ct or abus e or 
mi s appropriat i on of cl i ent property, tho agency determines 
that tho nurse aide has neglected or abused the c li ent or 
mi s appropriated c lie nt prop e rty, th e ag e ncy shall notify th e 
Board of Ntt rs ihg w i th i n t e n busin e ss days. — Th e inv es tigat 
ing agency's find i ngs indicat i ng a nurse a i de has neglected 
or abused a c li ent or misappropriated c l ient property shall 
b e availabl e to th e pub li c upon inquir>' to th e Nur se A i d e 
R e gistry'. — i^ny informat i on disclos e d conc e rning suoh a 
finding s hal l include the finding s and a statement whether 
th e individual has disputed the finding s . Individuals who 
have completed a training course equivalent in content and 
clinical hours to the nurse aide H program, may submit 
documentation of same to tlie Board of Nursing for review. 
If training is equivalent, the individual may submit the 
a pplication with required fee and be listed on tlie Board of 
Nursin g Nurse Aide Registry as a nurse aide 11. 

(f) An employing agency or facility may choose up to 
four nurse aide II tasks to be performed by nurse aide I 
personnel without the nurse aide I completing the entire 
nurse aide II program. 

( 1) The agency may obtain the selected tasks curric- 
ulum mode l from the nearest Community Col- 
lege or tlie Board of Nursing or may submit a 
self generated curriculum to the Board for 
approval. Board approval must be obtained 
prior to teaching the nurse aide II tasks. 



10:10 



NORTH CAROLINA REGISTER 



August 15, 1995 



841 



PROPOSED RULES 



(2) Once approval has been obtained, the Board of 
Nursing must be notified of the nurse aide n 
task(s) that will be performed by nurse aide I 
personnel in the agency and for which all Board 
stipulations have been met. The notification of 
nurse aide U task(s) form which may be re- 
quested from the Board office shall be used. 
Each agency shall receive a verification letter 
once the Board has been a ppropriately notified. 

(3) Documentation of the training and competency 
evaluation must be maintained for each nurse 
aide I who is approved to perform nurse aide n 
task(s) within the agency. 

(g) (e) Each nurse aide D shall renew hio/lior rogiotration 
on a bionniol ba sfe listing with the Board of Nursing 
biennially on forms provided by the Board. The renewal 
a pplication shall be accompanied by the required fee. 

(1) To be eligible for renewal, the nurse aide U 
must have worked at least eight hours for com- 
pensation during the past 24 months performing 
nursing care activities under the supervision of 
a Registered Nurse. 

(2) Any nurse aide U who has had a continuous 
period of 24 months during which no nursing 
care activities were p>erformed for monetary 
compensation but who has performed patient 
care activities for monetary compensation shall 
successfully complete the competency evaluation 
portion of the nurse aide U program and submit 
application in order to be placed on the Board of 
Nursing Nurse Aide fl Registry. 

(3) A nurse aide n who has performed no nursing 
care or patient care activities for monetary 
compensation within the past 24 months must 
successfully complete a nurse aide n program 
prior to submitting the application for renewal. 

(4) Failure to renew listing card by expiration date 
may result in a reinstatement penalty. 

(5) A nurse aide D who has substantiated fmdings of 
abuse, neglect, or misappropriation of funds of 
the DFS Nurse Aide Registry shall not be eligi- 
ble for renewal as a nurse aide 11. 



Statutory Authomy G.S. 90-171.19; G.S. 90-171. 20(2)(4)(7) 
d.,e..g.; 90-171.37; 90-171.43(4); 90-171.55; 42 U.S.C.S. 
1395i-3 (1987). 

.0405 APPROVAL OF NURSE AffiE 
EDUCATION PROGRAMS 

(a) The Board of Nursing will accept those programs 
approved by DFS to prepare the nurse aide L 

(h) («) The North Carolina Board of Nursing shall 
approve nurse aide n nuroo aid e training and oomp e t e noy 
e ' i 'aluation progmmc programs, and nuro e aide oomp e tenoy 
evaluation programs which prepare two IovoIb of nurso 
aide s . Nurse aide II training and oompotoncy o^'aluation 



programs and nuroo aide oompetenoy evaluation pFogromo 
may be offered by an individual, agency, or educational 
institution ono a after the program is approved by the Board. 



(1) 



£A} 



m 

LCI 



(m 



m 






£E} 



m- 



m- 



Each entity desiring to offer a nurse aide H 
training and oomp e tenoy e valuation program ei= 
oomp e tea ey e valuation program shall submit ^e 
a program fef approval application at least 60 
days prior to offering the program. It shall 
include documentation of the following stan- 
dards: 
policy established which provides for super- 
vised clinical experience with faculty/student 
ratio not to exceed 1:10; 
Board of Nursing a pproval of each clinical 
facility for student use: 
a written contract between the program and 
clinical facility prior to admitting students to 
the facility for clinical experience: 
admission requirements which include: 

successful completion of nurse aide I 
training program or Board of Nursing 
established equivalent and current nurse 
aide I listing on DFS Registry: and 
GED or high school diploma: and 
other admission requirements as identified 
by the program; and 
policy regarding the processing and disposition 
of program and student complaints. 
Nuro e aid e training and oomp e tenoy e valuation 
programs and oomp e tenoy e valuation prognt ag 
shall be submitted for roapprovol when the 
program i s changed substantially, of at least 
e ver)' tv » 'o years. 
Tbe — Board — of Nursing roprooontativoo — May 



survey — nuroo aide — training — and competency 
evaluation — programs. — oompotoncy — evaluation 
programs, and oooooiatod oliniool s e rvic e agon 
oioo to dotormino th e program's oomplianoe with 
the requirements of the Board. 

(4) The Board of Nursing may approve a nurso aide 

training and oomp e t e noy e valuation progrtim -&f 
nurse — aide — oomp e tea ey — e valuation — program 
which is approved by another stato agency, if 
the Board of Nursing has reviewed the state 
ag e ncy's prooooo and criteria of approval of 
nurs e aid e oduoation progrtuas and d e t e rmLB e& 
the proeoQQ and criteria ensure that the Board of 
Nur s ing's requirements are mot. 

(2} (b) Th e Board shall identify' and publish on an 
annual basis th e minimum oouro e oontent and 
minimum hours of instruction for Level I and 
Level n nurse aido oduoation prognmis. — Level 
I Nurs e i\ide education programs shall include a 
minimum of 75 hours. Level U nurse aide 
education programs shall include a mini mum of 
80 hours of theory and 80 hours of supervised 



842 



NORTH CAROUNA REGISTER 



August 15, 1995 



10:10 



PROPOSED RULES 



clinical instruction consistent with the legal 
scope of practice as defined by the Board of 
Nursing. Changes made by the Board of Nurs- 
ing in content hours or scope of practice in the 
nurse aide U program shall be published in the 
Bulletin. Requests by the programs to modify 
the nurse aide n course content shall be directed 
to the Board office. 
(e) — Each Nurso Aide Lovol I courso muot includo: 

^ Baoio nursing okillo; 

(S) Poreonol oaro okillo; 

(3) Recognition of mental health and oocial oorvioo 

needs, including, but not limited to, the aging 
proo e oo; 

(4) Baoio r e otorativ e oor^^io e o; 

(5) Cliont'fl righto; 

(6) Body mochanics; 



(Ph 



Nutrition; 



Elimination; 



(9) Safety; 

(W) Communication and documentation; 

(44^ Special proo e dur e o; 

(4-3) Roleo of m e mb e ro of the h e alth oaro team. 

(d) Efloh Nuroo Aide Lovol D course muat include content 
identified as appropriate for the Level II Nurse Aide by the 
Board of Nuroing. — Th e L e vel II Nuro e Aid e training and 
competency e valuation program proparoo the Nuro e Aid e 11 
through additional theory and clinical inotruction to perform 
more complex okilla aa identified by tho Board of Nursing 
00 appropriate for unlic e nsed poroonnol. 

(e) — Each comp e t e ncy e valuation program ohall includ e 
content to verily tho knowledge and skills of the nurse aide 
who s uccessfully completes tho courao ao being comparable 
for th e appropriat e l e v e l of nurse aid e . 

(3) ^ The Board shall identify and publish on an 
annual b asis minimum competencies and qualifi- 
cations for faculty for the nurse aide Level 1 and 
Level II Training and Comp e t e ncy Evaluation 
Programs and Competency Evaluation programs. 
Each faculty shall: 

(A) (4^ hold a current unrestricted North Carolina 

license as a registered nurse; 
CE) (3) have had at least two years of direct patient 

care expieriences as an R.N. ; and 
(C) (^ have domonstratod compotonoy to teach 

experience teaching adult learners. 

(4) (g) Each nurse aide II training and comp e t e ncy 
evaluation program and each competency evalua 
tf&B— program shall file with the Board such 
records, data, and reports as may be required by 
the Board in order to furnish information con- 
cerning operation of the program and any indi- 
vidual who successfully completes the program. 
Programs approv e d under Rul e .0'102(b) of thio 
S e ct i on oholl furnish ouch information to th e 
Division of Facility Sor i 'ioos. 

(5) (h) When an approved nurse aid e training and 



competency evaluation nurse aide n program ef 
a comp e t e ncy e valuation program closes, the 
Board shall be notified in writing by the pro- 
gram, or tho Diviaion of Facility' Sor i 'ioes. The 
Board shall be informed as to permanent storage 
of student records. 

(c) An annual program report shall be submitted by the 
Program Director to the Board of Nursing on Board 
approved form by March 15 of each year. Failure to submit 
annual report shall result in administrative action affecting 
a pproval status as described in 21 NCAC 36 .0405(5)(d) and 
(e). Nurse aide U programs may be surveyed on site for 
cause as identified by the Board or Nursing. 

(d) A pproval status will be determined by the Board of 
Nursing using the annual program report, survey report and 
other data submitted by the program, agencies, or students. 
The determination shall result in full approval or a pproval 
with stipulations. 

(e) If stipulations have not been met as specified by the 
Board of Nursing, a hearing will be held by the Board of 
Nursing regarding program a pproval status. A program 
may continue to operate while awaiting the hearing before 
the Board. EXCEPTION: In the case of summary suspen- 
sion of a pproval, the program must immediately cease 
operation. 

(1) When a hearing is scheduled, the Board shall 
cause notice to be served on the program and 
shall specify a date for the hearing to be held 
not less than 20 days from the date on which 
notice is given. 

(2) If the Board determines from evidence presented 
at hearing that the program is complying with 
the Law and all rules, the Board shall assign the 
program Full Approval status. 

(3) If the Board, following a hearing, finds that the 
program is not complying with the Law and all 
rules, the Board shall withdraw a pproval. 

(A) this action constitutes discontinuance of the 
program: and 

(B) the parent institution shall present a plan to the 
Board for transfer of students to a pproved 
programs or fully refund tuition paid by the 
student. Closure shall take place after the 
transfer of students to a pproved programs 
within a time frame established by the Board; 
and 

(C) the parent institution shall notify the Board of 
the arrangements for storage of permanent 
records. 

ft) — Nuroing otud e nto currently e nroll e d in Board of 
Nuroing approv e d nursing programo deoiring r e giotration as 
a Nurse Aide 1 or II s hall submit: 
(1) i\n application; and 

(3) A v e rification form compl e t e d by th e nuroing 

program dir e ctor indicating sucooosful oomple 
tion of oourso work equivalent in content and 
clinical hour s as required for a Nurse Aide 1 or 



10:10 



NORTH CAROLINA REGISTER 



August 15, 1995 



843 



PROPOSED RULES 



(f) — R e giot e rod nursoo and lio e no e d praotioal nuro e o who 
hold ourrent, un e noumb e rod lioono « o in North Carolina may 
make application oa a Nuroo Aide I of II. 

Statutory Authority G.S. 90-171.20(2)(4)(7)d. ,e. ,g.; 90- 
171.39; 90-171.40; 90-171.43(4); 90-171.55; 42 U.S.C.S. 
1395i-3 (1987). 



i 



i 



i 



844 



NORTH CAROLINA REGISTER 



August 15, 1995 



10:10 



LIST OF RULES CODIFIED 



T 

J. he List of Rules Codified is a listing of rules that were filed with OAH in the month indicated. 


iCey: 




Citation 


= Title, Chapter, Subchapter and Rule(s) 


AD 


= Adopt 


AM 


= Amend 


RP 


= Repeal 


With Chgs 


= Final text differs from proposed text 


Corr 


= Typographical errors or changes that requires no rulemaking 


Eff. Date 


= Date rule becomes effective 


Temp. Expires 


= Rule was filed as a temporary rule and expires on this date or 180 days 



NORTH CAROLINA ADMINISTRATIVE CODE 







JULY 95 




[TLE 


DEPARTMENT 


TITLE 


DEPARTMENT 


7 


Cultural Resources 


21 


Occupational Licensing Boards 


10 


Human Resources 




1 - Acupuncture 


11 


Insurance 




8 - CPA Examiners 


12 


Justice 




10 - Chiropractic Examiners 


15A 


Environment, Health, and 




37 - Nursing Home Administrators 




Natural Resources 




58 - Real Estate Commission 
60 - Refrigeration Examiners 






23 


Community Colleges 






24 


Independent Agencies 

5 - Health Plan Purchasing Alliance Board 






25 


Personnel 



Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


7 NCAC 2F .0002 




/ 








08/01/95 




10 NCAC 3U .0302 




/ 




/ 




01/01/96 




.0506 




/ 








01/01/96 




.0509 




/ 




/ 




01/01/96 




.0601 




/ 








01/01/96 




.0602 




/ 




/ 




01/01/96 




.0705 




/ 




/ 




01/01/96 




.0714 




/ 








01/01/96 




.0802 




/ 




/ 




01/01/96 




.0803 




/ 








01/01/96 




.1402 




/ 




/ 




01/01/96 




.1403 




/ 








01/01/96 







10:10 



NORTH CAROLINA REGISTER 



August 15, 1995 



845 









LIST OF RULES CODIFIED 










Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


10 


NCAC 3U 


.1717 




• 








01/01/96 




.2603 




/ 




/ 




01/01/96 




.2610 




/ 




/ 




01/01/96 






26H 


.0302 




/ 




/ 




08/01/95 




.0304 - .0305 




/ 




/ 




08/01/95 




.0308 




/ 




y 




08/01/95 






26M 


.0301 










/ 








41F 


.0706 




/ 








08/01/95 




.0812 




/ 








08/01/95 




11 


NCAC 6A 


.0812 


/ 






/ 




08/01/95 




12 


NCAC 9A 


.0204 




/ 








08/01/95 






9B 


.0113 




• 








08/01/95 




.0201 - .0202 




/ 




/ 




08/01/95 




.0206 




/ 




/ 




08/01/95 




.0210 




/ 




/ 




08/01/95 




.0212 - .0214 




• 




/ 




08/01/95 




.0226 - .0228 




/ 




• 




08/01/95 




.0232 - .0233 




• 




/ 




08/01/95 






9C 


.0401 




/ 








01/01/96 




.0601 




/ 




/ 




08/01/95 






9D 


.0102 




/ 




/ 




08/01/95 




.0104 - .0105 




/ 




/ 




08/01/95 




.0106 




/ 








08/01/95 




15A 


NCAC 2B 


.0101 




/ 




• 




08/01/95 




.0104 




/ 




/ 




08/01/95 




.0202 




/ 




/ 




08/01/95 




.0211 




/ 




/ 




08/01/95 




.0301 




/ 








08/01/95 






2D 


.0531 










/ 






.0902 










/ 








2Q 


.0801 - .0807 


/ 






/ 




08/01/95 






4B 


.0028 


/ 






/ 




08/01/95 






16A 


.1103 




/ 




/ 




08/01/95 







5-/6 



NORTH CAROLINA REGISTER 



August 15, 1995 



10:10 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


15A NCAC 16A .1104 




/ 








08/01/95 




.1106 




/ 




• 




08/01/95 




19A .0202 




/ 




/ 




08/01/95 




21D .0706 




/ 




/ 




08/01/95 




21 NCAC 1 .0101 




/ 








08/01/95 




.0104 










/ 






.0301 










/ 






.0401 - .0402 


/ 






• 




08/01/95 




8F .0105 




/ 








08/01/95 




.0113 


/ 










08/01/95 




8G .0401 




/ 








08/01/95 




8J .0005 




/ 








08/01/95 




.0008 




/ 








08/01/95 




8K .0200 










/ 






8M .0104 




/ 




/ 




08/01/95 




.0306 




/ 








08/01/95 




.0401 




/ 








08/01/95 




8N .0203 




/ 








08/01/95 




.0302 




/ 








08/01/95 




.0307 




/ 




/ 




08/01/95 




10 .0203 




/ 




/ 




08/01/95 




37 .0101 




/ 




/ 




08/01/95 




.0502 




/ 




• 




08/01/95 




.0603 




/ 








08/01/95 




.0912 




/ 








08/01/95 




58A .0403 




/ 








08/01/95 




.0503 




/ 








08/01/95 




.0505 




/ 








08/01/95 




60 .0102 




/ 








08/01/95 




.0204 




/ 








08/01/95 




.0314 




/ 








08/01/95 




.1102 




y 








08/01/95 




23 NCAC 2C .0604 




• 




/ 




08/01/95 







iO.iO 



NORTH CAROLINA REGISTER 



August 15, 1995 



847 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


24 NCAC 5 .0401 - .0415 


/ 






/ 




08/01/95 




25 NCAC IC .0207 






• 






08/01/95 




.0402 - .0407 




/ 




• 




08/01/95 




.0408 




• 








08/01/95 




ID .0201 




/ 




• 




08/01/95 




.0205 




/ 




/ 




08/01/95 




.0207 




/ 




• 




08/01/95 




.0211 




/ 








08/01/95 




.0808 




/ 








08/01/95 




.1001 




/ 








08/01/95 




.1009 




/ 








08/01/95 




.1201 




/ 








08/01/95 




.1204 




/ 




/ 




08/01/95 




.1401 




/ 




/ 




08/01/95 




.1801 - .1802 




/ 




/ 




08/01/95 




IE .0804 




/ 




/ 




08/01/95 




IK .0312 




/ 




/ 




08/01/95 





W5 



SORTH CAROLINA REGISTER 



August 15, 1995 



10:10 



RRC OBJECTIONS 



1 he Rules Review Commission (RRC) objected to the following rules in accordance with G.S. 150B-2 1.9(a). State 
agencies are required to respond to RRC as provided in G.S. 150B-21. 12(a). 



DEPARTMENT OF COMMUNITY COLLEGES 

Community Colleges 

23 NCAC 2C .0604 - Program Review 
Agency Revised Rule 

ENrVTRONMENfT, HEALTH, AND NATURAL RESOURCES 

Coastal Management 

15A NCAC 7H .0306 - General Use Standards for Ocean Hazard Areas 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

Environmental Management 



RRC Objection 
Obj. Removed 



06/14/95 
07/13/95 



Obj. Cont'd 
Obj. Cont'd 



Eff 



05/18/95 
06/14/95 
06/27/95 



15A NCAC 2B .0201 - Antidegradation Policy (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15 A NCAC 2B .0202 - Definitions RRC Objection 

Agency Revised Rule Obj. Removed 

15A NCAC 2B .0211 - Fresh Surface Water Quality Stds. for Class C Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15A NCAC 2B .0211 - Fresh Surface Water Quality Stds. for Class C Waters RRC Objection 

Agency Revised Rule (Noticed in 9:23, 1979) Obj. Removed 

15A NCAC 2B .0212 - Fresh Surface Water Quality Stds. for Class WS-1 Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15A NCAC 2B .0214 - Fresh Surface Water Quality Stds. for Class WS-II Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15 A NCAC 2B .0215 - Fresh Surface Water Quality Stds. for Class WS-IIl Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15A NCAC 2B .0216 - Fresh Surface Water Quality Stds. for WS-IV Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15A NCAC 2B .0218 - Fresh Surface Water Quality Stds. for Class WS-V Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15A NCAC 2B .0219 - Fresh Surface Water Quality Stds. for Class B Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15A NCAC 2B .0220 - Tidal Salt Water Quality Stds. for Class SC Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15A NCAC 2B .0221 - Tidal Salt Water Quality Stds. for Class SA Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15A NCAC 2B .0222 - Tidal Salt Water Quality Stds. for Class SB Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15A NCAC 2B .0223 - Nutrient Sensitive Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15 A NCAC 2B .0224 - High Quality Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15 A NCAC 2B .0225 - Outstanding Resource Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15A NCAC 2B .0226 - Exemptions from Surface Water Quality Standards (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15A NCAC 2B .0227 - Water Quality Management Plans (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 



06/14/95 
07/13/95 
07/13/95 

06/14/95 
07/13/95 
07/13/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 



10:10 



NORTH CAROLINA REGISTER 



August 15, 1995 



849 



RSC OBJECTIONS 



15A NCAC 2B .0228 - Effluent Channels (Noticed in 9:24, 2073) 
Rule Withdrawn by Agency 

Health: Epidemiology 

15 A NCAC 19A .0202 - Control Measures - HIV 
Agency Revised Rule 

HUMAN RESOURCES 



RRC Objection 
Obj. Removed 



06/14/95 



06/14/95 
07/13/95 



Facility Services 



10 NCAC 3C .3001 - Definitions 

10 NCAC 3C .3108 - Suspension of Admissions 

10 NCAC 3C .3205 - Discharge of Minor or Incompetent 

10 NCAC 3C .3302 - Minimum Provisions of Patient's Bill of Rights 

10 NCAC 3C .3502 - Bylaws 

10 NCAC 3C .3602 - Responsibilities 

10 NCAC 3C .3603 - Personnel Policies and Practices 

10 NCAC 3C .3607 - Personnel Health Requirements 

10 NCAC 3C .3608 - Insurance 

10 NCAC 3C .3704 - Status 

10 NCAC 3C .3902 - Manager 

10 NCAC 3C .3904 - Patient Access 

10 NCAC 3C .4003 - Policies and Procedures 

10 NCAC 3C .4102 - Classification of Optional Emergency Services 

10 NCAC 3C .4104 - Medical Director 

10 NCAC 3C .4203 - Nursing Staff 

10 NCAC 3C .4303 - Nursing Services Maternal Services 

10 NCAC 3C .4307 - Nursing Staff of Neonatal Services 

10 NCAC 3C .4401 - Organization 

10 NCAC 3C . 4502 - Pharmacist 

10 NCAC 3C .4512 - Medications Dispensed 

10 NCAC 3C .4702 - Organization 

10 NCAC 3C .4703 - Sanitation and Safety 

10 NCAC 3C .4704 - Distribution of Food 

10 NCAC 3C .4705 - Nutritional Support 

10 NCAC 3C .4801 - Organization 

10 NCAC 3C .4905 - Tissue Removal and Disposal 

10 NCAC 3C .5002 - Delivery of Care 

10 NCAC 3C .5201 - Psychiatric/Substance Abuse Svcs.: Applicability of Rules 

10 NCAC 3C .5202 - Definitions Applicable/Psychiatric/Substance Abuse Svcs. 

10 NCAC 3C .5205 - Seclusion 

10 NCAC 3C .5302 - Definitions 

10 NCAC 3C .5309 - Nursing/Health Care Administration and Supervision 

10 NCAC 3C .5315 - Dental Care 

10 NCAC 3C .5318 - Activities and Recreation 

10 NCAC 3C .5319 - Social Services 

10 NCAC 3C .5322 - Brain Injury Extended Care Physician Services 

10 NCAC 3C .5323 - Brain Injury Extended Care Program Requirements 

10 NCAC 3C .5324 - Special Nursing Req. Brain Injury Long Term Care 

10 NCAC 3C .5325 - Ventilator Dependence 

10 NCAC 3C .5326 - Physician Services for Ventilator Dependent Patients 

10 NCAC 3C .5403 - HIV Designated Unit Policies and Procedures 

10 NCAC 3C .5405 - Physician Services in a HIV Designated Unit 

10 NCAC 3C .5407 - Use of Investigational Drugs on the HIV Designated Unit 

10 NCAC 3C .5501 - Definitions 



RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 



850 



NORTH CAROLINA REGISTER 



August 15, 1995 



10:10 



RRC OBJECTIONS 



10 NCAC 3C .5502 
10 NCAC 3C .5507 
10 NCAC 3C .5508 
10 NCAC 3C .5512 
10 NCAC 3C .5513 
10 NCAC 3C .6102 
10 NCAC 3C .6208 
10 NCAC 3H .2001 
10 NCAC 3H .2201 
10 NCAC 3H .2202 
10 NCAC 3H .2203 
10 NCAC 3H .2206 
10 NCAC 3H .2209 
10 NCAC 3H .2212 
10 NCAC 3H .2301 
10 NCAC 3H .2302 
10 NCAC 3H .2308 
10 NCAC 3H .2401 
10 NCAC 3H .2501 
10 NCAC 3H .2505 
10 NCAC 3H .2506 
10 NCAC 3H .2601 
10 NCAC 3H .2604 
10 NCAC 3H .2605 
10 NCAC 3H .2606 
10 NCAC 3H .2607 
10 NCAC 3H .2701 
10 NCAC 3H .2801 
10 NCAC 3H .2802 
10 NCAC 3H .3002 
10 NCAC 3H .3003 
10 NCAC 3H .3004 
10 NCAC 3H .3005 
10 NCAC 3H .3011 
10 NCAC 3H .3012 
10 NCAC 3H .3013 
10 NCAC 3H .3015 
10 NCAC 3H .3016 
10 NCAC 3H . 3021- 
10 NCAC 3H .3027 - 
10 NCAC 3H .3031 - 
lONCAC 3H .3103 - 
10 NCAC 3H .3201 - 
10 NCAC 3H .3401 - 
10 NCAC 3H .3404 - 
10 NCAC 3 O .0305 - 

Agency Revised 
10 NCAC 30 .0506- 

Agency Revised 
10 NCAC 30 .0607 - 

Agency Revised 
10 NCAC 3U .0705 - 

Agency Revised 
10 NCAC 3U .1403 - 

Agency Revised 
10 NCAC 3U .1717 - 

Agency Revised 



■ Physician Reg. for Inpatient Rehab. Facilities or Units 

■ Comprehensive Rehabilitation Personnel Administration 

■ Comprehensive Inpatient Rehab. Program Staffing Req. 

■ Additional Req. for Traumatic Brain Injury Patients 

■ Additional Req. for Spinal Cord Injury Patients 

■ List of Referenced Codes and Standards 

■ Obstetrical Department Requirements 

■ Definitions 

■ Administrator 

■ Admissions 

■ Patients Not to be Admitted 

■ Medical Director 

■ Infection Control 

■ Quality Assurance Committee 

■ Patient Assessment and Care Planning 

■ Nursing Services 

■ Domiciliary Home Personnel Requirements 

■ Maintenance of Medical Records 

■ Availability of Physician 's Services 

■ Brain Injury Long-Term Care Physician Services 

■ Physician Services for Ventilator Dependent Patients 

■ Availability of Pharmaceutical Services 

■ Drug Procurement 
Drug Storage and Disposition 

■ Pharmaceutical Records 
Emergency Drugs 

■ Provision of Nutrition and Dietetic Services 

■ Activity Services 
Social Services 

Quality of Specialized Rehabilitation Services 
Ventilator Dependence 
Brain Injury Long-Term Care 

Special Nursing Req. for Brain Injury Long-Term Care 
HIV Designated Unit Policies and Procedures 
Physician Services in an HIV Designated Unit 
Special Nursing Requirements for an HIV Designated Unit 
Use of Investigational Drugs for HIV Designated Units 
Additional Social Work Req. for HIV Designated Units 

Physician Req. for Inpatient Rehab. Facilities or Units 
Comprehensive Inpatient Rehab. Program Staffing Req. 
Additional Req. for Spinal Cord Injury Patients 
Site 

Required Spaces 
Heating and Air Conditioning 
Other 

Persons Subject to Licensure 
Rule 

Simplified Reporting for Certain Organizations 
Rule 

License Year 
Rule 

Special Training Requirements 
Rule 

Aquatic Activities 
Rule 

Health, Safety and Sanitation Requirements 
Rule 



RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RUC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objeaion 


05/18/95 


Obj. Removed 


05/18/95 


RRC Objeaion 


05/18/95 


Obj. Removed 


05/18/95 


RRC Objeaion 


05/18/95 


Obj. Removed 


05/18/95 


RRC Objeaion 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objeaion 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objeaion 


07/13/95 


Obj. Removed 


07/13/95 



10:10 



NORTH CAROLINA REGISTER 



August IS, 1995 



851 



RRC OBJECTIONS 



RRC has Objected to the Following Repeals in 10 NCAC 3C and 10 NCAC 3H: 

10 NCAC 3C .0101 - .0102. .0104 - .0110, .0201 - .0203, .0301 - .0307, .0401 - .0407, .0501 - .0505, .0601 - .0604, 

.0701 - .0708, .0801 - .0805, .0807, .0901 - .0917, .1001 - .1006, .1101 - .1102, .1201 - .1204, .1301 - .1303, .1401 - 

.1405, .1501 - .1508, .1510, .1601 - .1606, .1701 - .1717, .1801 - .1805, .1901 - .1912, .1915 - .1932, .2001 - .2008, 

.2020- .2033, .2101 - .2105. 

10 NCAC 3H .0108 - .0109, .0206 - .0220, .0306 - .0318, .0407 - .04O9, .0505 - .0507, .0510 - .0517, .0605 - .0609, 

.0705 -.0712, .0810- .0812, .0903 - .0911, .1003 - .1008, .1105 - .1109, .1130- .1136, .1150- .1163, .1204- .1208, 

. 1210, . 1306 - . 1308, . 1405 - . 1406, . 1408 - . 1410. . 1501 - . 1503, . 1612 - . 1613, .1703 - . 1704, . 1804 - . 1807. 

Medical Assistance 

10 NCAC 26H .0302 - Reporting Requirements 

Agency Revised Rule 
10 NCAC 26H .0304 - Rate Setting Methods for Non-state Facilities 

Agency Revised Rule 
10 NCAC 26H .0305 - Allowable Costs 

Agency Revised Rule 
10 NCAC 26H .0308 - Rate Appeals 

Agency Revised Rule 

INDEPENDENT AGENCIES 



RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objeaion 


07/13/95 


Obj. Removed 


07/13/95 



State Health Plan Purchasing Alliance Board 



24 NCAC 5 .0202 - Establishment of Alliance Market Areas 

Agency Revised Rule 
24 NCAC 5 .0401 - Purpose 

Rule Withdrawn by Agency 
24 NCAC 5 .0402 - Definitions 

Rule Withdrawn by Agency 
24 NCAC 5 .0403 - Application for Membership 

Rule Withdrawn by Agency 
24 NCAC 5 .0404 - Participation Requirements 

Rule Withdrawn by Agency 
24 NCAC 5 .0405 - Annual Renewal 

Rule Withdrawn by Agency 
24 NCAC 5 .0406 - Employer Qualification and Employee Enrollment Period 

Rule Withdrawn by Agency 
24 NCAC 5 .0407 - Waiting Period 

Rule Withdrawn by Agency 
24 NCAC 5 .0408 - Open Enrollment Period 

Rule Withdrawn by Agency 
24 NCAC 5 .0409 - Enrollment Additions Outside Open Enrollment 

Rule Withdrawn by Agency 
24 NCAC 5 .0410 - Disenrollment of Member Small Employer 

Rule Withdrawn by Agency 
24 NCAC 5 .0411 - Disenrollment of Enrollees 

Rule Withdrawn by Agency 
24 NCAC 5 .0412 - Continuation of Benefits 

Rule Withdrawn by Agency 
24 NCAC 5 .0413 - Payment to Insurance Agents and Brokers 

Rule Withdrawn by Agency 
24 NCAC 5 .0414 - Alliance Participation Fee 

Rule Withdrawn by Agency 

Agency Resubmitted Rule 

Agency Revised Rule 
24 NCAC 5 .0415 - Notification of Rate Changes 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 



06/14/95 
06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 
07/13/95 
07/13/95 



852 



NORTH CAROLINA REGISTER 



August 15, 1995 



10:10 



RRC OBJECTIONS 



Rule Withdrawn by Agency 
24 NCAC 5 .0416 - Employer Monthly Payment Procedures and Requirements 

Rule Withdrawn by Agency 
24 NCAC 5 .0417 - Overdue Payments; Late Fees; Termination 

Rule Withdrawn by Agency 
24 NCAC 5 .0418 - Reinstatement Following Termination for Non-Payment 

Rule Withdrawn by Agency 
24 NCAC 5 .0419 - Monthly Payments to AHCS 

Rule Withdrawn by Agency 

JUSTICE 

Criminal Justice Education and Training Standards 

12 NCAC 9B .0202 - Responsibilities of the School Director 

Agency Revised Rule 
12 NCAC 9B .0206 - Basic Training -- Correctional Officers 

Agency Revised Rule 
12 NCAC 9D .0104 - Intermediate Law Enforcement Certificate 

Agency Revised Rule 

12 NCAC 9D .0105 - Advanced Law Enforcement Certificate 

Agency Revised Rule 

LABOR 
OSHA 

13 NCAC 7F .0201 - Construction 

Agency Revised Rule 

LICENSING BOARDS AND COMMISSIONS 

Acupuncture Licensing Board 

21 NCAC 1 .0301 - Standards for Continuing Education 
Agency Revised Rule 

Board of Certified Public Accountant Examiners 

21 NCAC 8M .0102 - Registration Requirements 
21 NCAC 8M .0104 - Firms Deemed in Compliance 

Agency Revised Rule 
21 NCAC 8N .0307 - Firm Names 

Agency Revised Rule 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 



RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



06/14/95 
06/14/95 
06/14/95 
06/14/95 
06/14/95 



RRC 


' Objection 


07/13/95 


Obj. 


Removed 


07/13/95 


RRC 


' Objection 


07/13/95 


Obj. 


Removed 


07/13/95 


RRC 


' Objection 


07/13/95 


Obj. 


Removed 


07/13/95 


RRC 


' Objection 


07/13/95 


Obj. 


Removed 


07/13/95 



06/14/95 
06/14/95 



06/14/95 
06/14/95 



07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 



Board of Nursing Home Administrators 

21 NCAC 37 .0502 - Application to Become Administrator-In-Training 

Agency Revised Rule 
21 NCAC 37 .0914 - Duplicate Licenses 

Rule Withdrawn by Agency 

Board of Licensed Professional Counselors 



RRC Objection 
Obj. Removed 



07/13/95 
07/13/95 

07/13/95 



21 NCAC 53 .0208 - Supervised Professional Practice 

Agency Revised Rule 
21 NCAC 53 .0309 - Agreement to Abide by NCBLPC Ethical Standards 



RRC Objection 
Obj. Removed 
RRC Objection 



06/14/95 
06/14/95 
06/14/95 



10:10 



NORTH CAROLINA REGISTER 



August 15, 1995 



853 



RRC OBJECTIONS 



Agency Revised Rule 
Board of Practicing Psychologists 

21 NCAC 54 .2704 - HSP-P Requirements On and After June 30, 1994 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
21 NCAC 54 .2705 - HSP-PP Requirements 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
21 NCAC 54 .2706 - HSP-PA Requirements On and After June 30, 1994 

Rule Returned to Agency 

Agency Filed Rule fo" Codification Over RRC Objection 

Real Estate Commission 

21 NCAC 58E .0203 - Application and Criteria for Original Approval 
Agency Revised Rule 

STATE PERSONNEL 

Office of State Personnel 

25 NCAC IC .0405 - Temporary Appointment 

Agency Revised Rule 
25 NCAC IC .0407 - Temporary Part-Time Appointment 

Agency Revised Rule 
25 NCAC ID .2001 - Coverage 

Agency Repealed Rule 
25 NCAC IE .0305 - Use of Sick Leave 

Agency Revised Rule 
25 NCAC IE . 1302 - Policy 

Agency Revised Rule 
25 NCAC IE . 1304 - Qualifying to Participate in Voluntary Shared Leave Program 

Agency Revised Rule 
25 NCAC IK .0312 - Eligibility 

Agency Revised Rule 
25 NCAC IN .0201 - Purpose (Noticed in 9:23, 2018) 

Rule Withdrawn by Agency 

TRANSPORTATION 

Diyision of Highways 

19A NCAC 2B .0221 - General Motorist Services Signs 
Agency Revised Rule 



Obj. Removed 


06/14/95 


RRC Objection 


05/18/95 


Obj. Cont'd 


06/14/95 


Eff. 


06/21/95 


RRC Objection 


05/18/95 


Obj. Cont'd 


06/14/95 


Eff. 


06/21/95 


RRC Objeaion 


05/18/95 


Obj. Cont'd 


06/14/95 


Eff 


06/21/95 



RRC Objection 
Obj. Removed 



06/14/95 
06/14/95 



RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objeaion 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objection 


06/14/95 


Obj. Removed 


06/14/95 


RRC Objection 


06/14/95 


Obj. Removed 


06/14/95 


RRC Objection 


06/14/95 


Obj. Removed 


06/14/95 


RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 




06/14/95 



RRC Objeaion 
Obj. Removed 



06/14/95 
06/14/95 



854 



NORTH CAROLINA REGISTER 



August 15, 1995 



10:10 



CONTESTED CASE DECISIONS 



) 



J. his Section contains thefidl text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contaaing the 
Office of Administrative Hearings. (919) 733-2698. 



AGENCY 



CASE 
NUNffiER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMINISTRATION 



Dividom of Purchast and Contract 

Senter-Sanders Tractor Corp. v. Admia., Div of Purchase & Contract 
CMC Maintenance Co., a Div. of RDS Corp. v. Dept. of Administration, 
Div. of Purchase & Contract, et al. 



94 DO A Og03 

95 DOA 0194 



Nesnow 
Phipps 



03/06/95 
06/13/95 



StaU Construction Office 

W. M. Piatt & Company v. State Constniction Office, DOA 94 E>OA 0738 

Holland Group, Inc. v. Dept. of Administration, St. Constniction Office 94 DOA 1565 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 



Nesnow 
Nesnow 



04/11/95 
06/01/95 



10:03 NCR 
10:07 NCR 



221 
619 



) 



Ali Alsaraa v. Alcoholic Beverage Control Commission 
Norman D. Forbes v. Alcoholic Beverage Control Commission 
Albert Stanley Tomanec v. Alcoholic Beverage Control Commission 
Robert Johnson v. Alcoholic Beverage Control Commission 
Stinking Mercury, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Depot Slop N Go, Inc. 
John H. Robinson v. Alcoholic Beverage Control Commission 
Clara and Carson Young v. Alcoholic Beverage Control Commission 
Bryan Lynn Whitaker, Susan Ansley Whitaker v. ABC Commission 
Diamond Club, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Weisner, Inc. 
Robert Louis Reese v. Alcoholic Beverage Control CommiBsion 
Ray E. Bailey v. Alcoholic Beverage Control Commission 
Legwin Z. Williams v. Alcoholic Beverage Control Commission 
Talcb Abed Rahman v. Alcoholic Beverage Control Commission 
Sherrill Douglas Langston v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Janice Mae Miles 
Imran Ali Hameerah v. Alcoholic Beverage Control Commission 
and 
City of Raleigh 



94 ABC 0526 


Chess 


05/16/95 




94 ABC 0787 


Gray 


03/17/95 




94 ABC 1168 


Becton 


03/07/95 




94 ABC 1661 


West 


05/01/95 




94 ABC 1682 


Chess 


05/03/95 




94 ABC 1694 


Mann 


03/29/95 




94 ABC 1727 


Morrison 


05/18/95 




94 ABC 1729 


Chess 


05/11/95 




94 ABC 1784 


Mann 


04/19/95 




94 ABC 1803 


Mann 


04/07/95 




95 ABC 0068 


West 


06/07/95 




95 ABC 0074 


Chess 


05/25/95 




95 ABC 0210 


Gray 


05/01/95 




95 ABC 0224 


Nesnow 


05/31/95 


10:06 NCR 417 


95 ABC 0323 


Phipps 


08/02/95 




95 ABC 0415 


Nesnow 


08/01/95 


10:10 NCR 868 


95 ABC 0434 


West 


07/20/95 




95 ABC 0477 


Phipps 


07/14/95 





CRIME CONTROL AND PUBLIC SAFETY 



Patrick O. Hawkios v. Office of Administrative Hearings 



95 CPS 0361 



Phipps 



08/01/95 



Crime Victims Compensation Commission 



) 



John PavlikJanidis v. Victims Compensation Commission 

Fay, Cynthia, S. Dallon v. Crime Victims Compensation Commission 

Hiyllis H. Stcinmelz v. Crime Victims Compensation Commission 

Hubert Johnson, Edna J. Carter v. Crime Victims Compensation Comm. 

Wayne L. Utley v. Crime Victims Compensation Commission 

Sandra H. Hughes v. Victims Compensation Commission 

Kristine S. Ray v. Crime Victims Compensation Commission 

Shirley Moody Myers v. Crime Victims Compensation Commission 

Thomasine lnm«n v. Crime Victims Compensation Commission 

Irmgard Gordos v. Crime Victims Compensation Commission 

Fay, Cynthia, S. Dalton v. Crime Victims Compensation Commission 

Ellen Sherwin v. Crime Vic Comp James Byrum Emp/ Baptist Hosp 

Howard B. Peterson v. Crime Victims Compensation Commission 



94 CPS 0237 


Morrison 


03/21/95 


10:02 NCR 176 


94 CPS 0445** 


West 


05/30/95 




94 CPS 0542 


West 


05/16/95 




94 CPS 1177 


Mann 


06/12/95 




94 CPS 1180 


Becton 


03/07/95 




94 CPS 1600 


Morrison 


06/09/95 




94 CPS 1673 


Chess 


04/20/95 




94 CPS 1674 


Chess 


04/20/95 




94 CPS 1731 


Nesnow 


03/09/95 




94 CPS 1782 


Gray 


03/09/95 




95 CPS OOIO*' 


West 


05/30/95 




95 CPS 0012 


West 


03/22/95 




95 CPS 0163 


Reilly 


07/06/95 





10:10 



NORTH CAROLINA REGISTER 



August 15, 1995 



855 



CONTESTED CASE DECISIONS 



AGENCY 



Ella Ruth Jordan v. Gary B. Eichclbcrgcr Dir., Crime Vic. Comp. Comm. 

Lynn H. Heodcreon v. CPS, Victims Compensation Commission 

Laruaha Bey v. Crime Victims Compensation Commission 

Percible Gaston v. Crime Victims Compensation Commission 

Horton Edward v. Crime Victims Compensation Commission 

Janet Ring Stevens v. Crime Victims Compensation Commission 

Juan Aguilar v. Crime Victims Compensation Commission 

Mark Edward Altman v. CPS, Crime Victims Compensation Commission 

John KuwaJik v. Crime Victims Compensation Commission 

Sandra Jones v. Crime Victims Compensation Commission 

ENVIRONMENT. HEALTH, AND NATURAL RESOURCES 



Concrete Supply Company v. Environment, Health, & Natural Resources 94 EHR 0950 

Sctzer Bros. Inc. v. Environment, Health, and Natural Resources 94 EHR 1676 

Environment, Health, & Natural Resources v. Royal James Cafe 94 EHR 1756 

John W. VanHoy, Jr. & Adjacent Land Owners v. EHNR 95 EHR 0016 

and 

Shugart Enterprises, Inc. 
BroftTiing-Ferris Ind. of S. Atlantic, Inc. and Sampson Cty. Disposal, Inc. 95 EHR 0506 
v. Dcpl. of Environment, Health, and Natural Resources, 

and 
Hoke County and Bladen County 



CASE 




DATE OF 


^fUMBER 


AU 


DECISION 


95 CPS 0181 


West 


06/21/95 


95 CPS 0212 


Morrison 


05/08/95 


95 CPS 0245 


Reilly 


06/02/95 


95 CPS 0270 


Gray 


06/13/95 


95 CPS 0331 


Phippe 


07/25/95 


95 CPS 0337 


Gray 


07/21/95 


95 CPS 0356 


Reilly 


06/22/95 


95 CPS 0461 


West 


07/25/95 


95 CPS 0381 


Bee ion 


07/10/95 


95 CPS 0427 


Ne«now 


06/02/95 



CooMtai Rttourets 

William C. Young v. Coastal Resources Commission 
and 
Robert L. Casper, Jr. and Mary M. Casper 
Howard C. Slack v. Coastal Resources Comm, EHNR 

Davidson County Bealth t>ep<utnunt 

John Dee aodfcltcr v. Davidson County Health Dept.; EHNR 

Emvirommmtal Htalth 

FFF- 777 Lay Drain Compnay, Inc. v. On-Site Wastewater Section, 
Division of Environmental Health 



95 EHR 0009 



94 EHR 1037 



Chess 



95 EHR 0140 Phippe 



Chess 



94 EHR 0745 Chess 



06/13/95 



03/22/95 



03/13/95 



04/24/95 



PUBLISHED r«CISION 
REGISTER CITATION 



i 



Gray 


05/23/95 


10:06 NCR 414 


Nesnow 


03/09/95 




Bee ton 


06/30/95 


10:08 NCR 696 


Phipps 


03/17/95 




West 


06/13/95 





10:02 NCR 185 



i 



EnwviuntmlaJ Managenumi 

United Screen Printers, Inc. v. EHNR, Div. of Environmental Mgmt. 
Empire Power Co. and George Clari: v. EHNR, Div. of Env. Mgmt. 
aiKl 

Ehike Power Company 
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. 
and 

Duke Power Company 
United Screen Printers, Inc. v. EHNR, Div. of Environmental Mgmt. 
Kenan Oil Company, Inc. v. EHNR, Div. of Environmental Mgmt. 
Moffitt and Pierce Construction, Inc. v. EHNR, Environmental Mgmt. 

Bydt CouMty Heahh Dtpartmemt 

Fritzncr Henry v. Hyde County Health Department 

Macon County Btaltk Dtpartment 

Four Residents on Genva Circle v. Macon County Health Department 

Marine Fishtries 

Chancy Junior Sawyer v. EHNR, Division of Marine Fisheries 



91 EHR 1179*^ West 

92 EHR 0021-' Gray 



92 EHR 0O53»' Gray 



93 EHR 0273*-' West 

94 EHR 0894 Nesnow 
94 EHR 1755 West 



94 EHR 0924 Gray 



94 EHR 1202 Nesnow 



94 EHR 1786 Chess 



05/30/95 
04/03/95 



04/03/95 



05/30/95 
05/08/95 
06/06/95 



03/09/95 



03/27/95 



05/22/95 



i 



♦ Consolidated cases. 



856 



NORTH CAROLINA REGISTER 



August 15, 1995 



10:10 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Maternal and Child Health 

rimmy Franklin v. EHNR Maternal & Child Hlth, Nutrition Services 94 EHR 0288 Gray 

Middleburg Variety v. EHNR, MaUmal & Child Health, Nutrition Svcs. 94 EHR 1601 Chess 

Taisser Shchadeh V. EHNR, Maternal & Child Health, Nutrition Svcs. 94 EHR 1711 Chess 

Philip Haskjns v. EHNR, Div. of Maternal & Child Health 94 EHR 1777 Chess 

New BoMOver County Health DepartnumI 

Gus Kalogiros v. New Hanover Co. (Health Dcpt.), Adm & Env. Svcs 94 EHR 1073 Morrison 

Pitt County Public Health CenUr 

Mary Joyner Dudley v. Pitt County Public Health Center & EHNR 94 EHR 1043 Gray 

EQUAL EMPLOYMENT OPPORTUNITY 

Marsha Dianne McKoy v. DHR, Div. of MH/DD/SAS, Caswell Center 90 EEC 0379 Chess 

HUMAN RESOURCES 



Helen J. Walls, D/B/A Walls Young World v. Dept. of Human Resources 94 DHR 1362 
Cecilia Y. Wall, William S. Wall v. Department of Human Resources 94 DHR 1627 

Veronica Spearman, John P. Spearman v. Dcpt. of Human Resources 95 DHR 0216 

Sandra Jean Taylor v. Department of Human Resources 95 DHR 0366 

Division of Child Development 



lola Malloy v. DHR, Division of Child Development 

Willie & Pamela Sturgess v. DHR, Division of Child Development 

Esther Elder v. DHR, Division of Child Development 

Theresa B. Thomas v. DHR, Division of Child Development 

Ellen H. Sams v. DHR, Division of Child Development 

Chapel Hill Day Care Center, Nancy Taylor v. DHR, Div. of Child Dev. 

Facility Services 

William H. Cooke v. DHR, Division of Facility Services 
Mildred Reece, Calvin Reece v. DHR, Division of Facility Svcs, 
Domiciliary & Group Care Section 

Bingo Licensure Section 



94 DHR 0565 
94 DHR 1783 



Gray 
Gray 



95 DHR 0040 Morrison 



The Regular Veterans Association of the United States and the Sixteen 
Posts of the Regular Veterans Association of the United States and the 
Regular Veterans Association Auxiliary Located in the State of North 
Carolina v. DHR, Division of Facility Services, Bingo Licensure Section 

Certificate of Need Section 

The Carrolton of Fayetteville, Inc. and Highland House of Fayetteville, 94 DHR 0197*^ Reilly 

Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care 
The Carrolton of Fayetteville, Inc. and Highland House of Fayetteville, 94 DHR 0198*^ Reilly 

Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care 
Retirement Villages, Inc. (Lessor), and Liberty Healthcare Ltd. 94 DHR 0403 Chess 

Partnership (Lessee) D/B/A Countryside Villa of Duplin v, DHR, 

Division of Facility Services, Certificate of Need Section 
and 

Beaver Properties/Wallace, Inc., and Brian Center Health & Retirement/ 

Wallace, Inc. 



05/22/95 
05/01/95 
05/02/95 
03/09/95 



04/28/95 



06/27/95 



04/03/95 



Becton 


03/20/95 


Morrison 


07/06/95 


Reilly 


06/02/95 


Reilly 


07/19/95 



94 DHR 0849 


Mann 


03/03/95 


94 DHR 1631 


Reilly 


07/10/95 


94 DHR 1771 


Reilly 


03/17/95 


95 DHR 0268 


Morrison 


07/14/95 


95 DHR 0293 


Phipps 


07/24/95 


95 DHR 0450 


Phipps 


06/02/95 



03/16/95 
03/16/95 



04/13/95 



04/05/95 



04/05/95 



12/14/94 



10:10 



NORTH CAROLINA REGISTER 



August 15, 1995 



857 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



Office of Emergency Medical Services 
Charles M. Erwin v. DHR, Facility Svcs, Off. of Emgcy. Medical Svce. 92 DHR 1697 Chess 
DividoH of Medical Assistance 

A.S., by and through her agent and pcreooal representative, Hank Ncal 93 DHR 1736 Reilly 

V. DHR, Division of Medical Assistance 
D.A., by and through his agent and personal representative, Hank Neal 93 DHR 1737 Reilly 

V. DHR, Division of Medical Assistance 



Di^dom of Social Services 

Child Support Enforcement Section 

Daniel J. Carter v. Department of Human Resources 
Shawn Dominic Caldwell v. Department of Human Resources 
William Zonta Thompson v. Department of Human Resources 
Jackie E. Hackney v. Department of Human Resources 
Lenzo Davis v. Department of Human Resources 
Frank M. Swell v. Department of Human Resources 
Elbert Quick v. Department of Human Resources 
Dennis E. Hartley v. Department of Human Resources 
Clement McMillan v. Department of Human Resources 
Larry James Walker Jr. v. Department of Human Resources 
James R. Gray v. Department of Human Resources 
Manuel F. Isla v. Department of Human Resources 
John D. Bird v. Department of Human Resources 
Lacy Green, Jr. v. Department of Human Resources 
Leon McNair v. Department of Human Resources 
Edwin A. Clarke v. Department of Human Resources 
Wolfgang R. Walker v. Department of Human Resources 
Wyatl Roscboro v. Department of Human Resources 
Lloyd Lane Speake v. Department of Human Resources 
Raymond E. Dresser v. Department of Human Resources 
Terry L. Yoder v. Department of Human Resources 
Ronald E. Lewis v. Department of Human Resources 
Richard L. Hiott v. Department of Human Resources 
Cecil Ray Hinshaw v. Department of Human Resources 
Terry C. Brown v. Department of Human Resources 
Paul R. Johnson v. Department of Human Resources 
Henry C. Banks v. Department of Human Resources 
Lucille B. Duller v. Department of Human Resources 
Charles Bascom Kikcr v. Department of Human Resources 
Mandel Curry Edwards v. Department of Human Resources 
Tony M. Tart v. Department of Human Resources 
Wade E. Hampton v. Department of Human Resources 
Cccedrick Scott v. Department of Human Resources 
Gary Jay Stocks v. Department of Human Resources 
Paul E. Slrawcuttcr v. Department of Human Resources 
John L. Osborne (Jr.) v. Department of Human Resources 
Richard L. Garver v. Department of Human Resources 
Jerry Glasper v. Department of Human Resources 
Cary G. Dannelly v. Department of Human Resources 
Robert G. Baker v. Department of Human Resources 
Tyrone Waddell v. Department of Human Resources 
Robert R. Thomas v. Department of Human Resources 
Bernard T. Wade v. Department of Human Resources 
Willie Scott v. Department of Human Resources 
Rochester Levi Jones v. Department of Human Resources 
Timothy Brian Eller v. Department of Human Resources 
Morgan Pate, Jr. v. Department of Human Resources 
Robert E. E>udley, Sr. v. Department of Human Resources 
Julian Latlimore v. Department of Human Resources 
James McFadden v. Department of Human Resources 
Anthony D. McCain v. Department of Human Resources 
John C. Kay v. Department of Human Resources 
Raymond B. Clontz Jr. v. Department of Human Resources 



DATE OF 
DECISION 



05/16/95 

05/22/95 
05/22/95 



91 CSE 


1103 


Morrison 


03/03/95 


92 CSE 


1449 


Reilly 


03/29/95 


92 CSE 


1559 


Reilly 


03/29/95 


93 CSE 


1088 


Chess 


03/20/95 


93 CSE 


nil 


Bee ton 


07/12/95 


93 CSE 


1123*' 


Reilly 


05/16/95 


93 CSE 


1169 


Chess 


03/08/95 


93 CSE 


1187 


Reilly 


06/30/95 


93 CSE 


1208 


Chess 


03/08/95 


93 CSE 


1255 


Morrison 


06/12/95 


93 CSE 


1268 


Chess 


03/08/95 


93 CSE 


1270«'» 


Becton 


07/28/95 


93 CSE 


1272 


Gray 


06/26/95 


93 CSE 


1295 


Chess 


03/08/95 


93 CSE 


1317 


Becton 


04/04/95 


93 CSE 


1319 


Chess 


03/08/95 


93 CSE 


1374 


Gray 


04/28/95 


93 CSE 


1423 


Becton 


04/25/95 


93 CSE 


1451 


Chess 


03/22/95 


93 CSE 


1459 


Reilly 


06/23/95 


93 CSE 


1498 


Nesnow 


06/02/95 


93 CSE 


1508 


Mann 


05/18/95 


93 CSE 


1509 


Mann 


04/21/95 


93 CSE 


1513 


Gray 


05/08/95 


93 CSE 


1516 


Morrison 


05/08/95 


93 CSE 


1546 


Gray 


06/27/95 


93 CSE 


1556 


Chess 


03/22/95 


93 CSE 


1558 


Chess 


03/13/95 


93 CSE 


1561 


Mann 


04/21/95 


93 CSE ISde" 


Gray 


05/31/95 


93 CSE 


1588 


Becton 


06/08/95 


93 CSE 


1593 


Chess 


04/20/95 


93 CSE 


1651 


Chess 


07/20/95 


93 CSE 


1652 


Chess 


03/21/95 


93 CSE 


1713 


Mann 


03/13/95 


94 CSE 0140 


Mann 


05/30/95 


94 CSE 0512 


Becton 


06/12/95 


94 CSE 


1016 


Nesnow 


07/21/95 


94 CSE 


1033 


Nesnow 


03/24/95 


94 CSE 


1094 


Chess 


03/06/95 


94 CSE 


1096 


Mann 


05/30/95 


94 CSE 


1100 


Becton 


07/28/95 


94 CSE 


1101 


Becton 


04/03/95 


94 CSE 


1109 


Chess 


06/28/95 


94 CSE 


1116 


Chess 


05/15/95 


94 CSE 


1119 


Reilly 


03/29/95 


94 CSE 


1127 


Mann 


03/20/95 


94 CSE 


1128 


Mann 


03/31/95 


94 CSE 


1131 


Reilly 


03/13/95 


94 CSE 


1132 


West 


03/14/95 


94 CSE 


1141 


Nesnow 


05/16/95 


94 CSE 


1143 


Chess 


04/13/95 


94 CSE 1149 


Nesnow 


03/03/95 



PUBLISHED DECISION 
REGISTER CITATION 



10:06 NCR 409 



i 



i 



i 



858 



NORTH CAROLINA REGISTER 



August 15, 1995 



10:10 



CONTESTED CASE DECISIONS 



) 



) 



) 



AGENCY 



James C. Rogers v. Department of Human Resources 

Ruby Fcwell Henry v. Department of Human Resources 

Michael Leon McCain v. Department of Human Resource* 

George C. Flowers v. Department of Human Resources 

Kendrick William Sims v. Department of Human Resources 

Carl E. Coffey v. Department of Human Resources 

Michael W. Bowen v. Department of Human Resources 

Roderick J. Smith v. Department of Human Resources 

Richard Dill v. Department of Human Resources 

James E. Freeman v. Department of Human Resources 

Jonathan D. Cauthen v. Department of Human Resources 

Ronnie J. Coins v. Department of Human Resources 

Ted C. Jenkins v. Department of Human Resources 

Anthony J. Gibbons v. Department of Human Resources 

Robert Wilson v. Department of Human Resources 

Grant Jules Maries v. Department of Human Resources 

Aaron C. Harris v. Department of Human Resources 

Donald L. Costello Sr. v. Department of Human Resources 

Kelvin L. Lankford v. Department of Human Resources 

Jeffrey Thomas Chambers v. Department of Human Resources 

Robert J. Holdcn v. Department of Human Resources 

Janet M. Johnson v. Department of Human Resources 

Michael L. Wright v. Department of Human Resources 

Terry S. Gurganus v. Department of Human Resources 

John Napoleon Window Cross Pullium v. Dept of Human Resources 

Charles F. Haag Jr. v. Department of Human Resources 

Michael J. Montroy v. Department of Human Resources 

Linton Durante v. Department of Human Resources 

Timothy Rex Waddell v. Department of Human Resources 

Clarence Benjamin Banks Jr. v. Department of Human Resources 

Warren M. Williams v. Department of Human Resources 

Dennis L. Moore v. Department of Human Resources 

Dennis W. Cashion v. Department of Human Resources 

John Carroll Rodgers v. Department of Human Resources 

James Edward Knox, Jr. v. Department of Human Resources 

Kimbcrly M. Rinaldi, Robert L. Rinaldi v. Dept. of Human Resources 

David House v. Department of Human Resources 

Antonio Staton v. Department of Human Resources 

Aqustin S. Sanchez v. Department of Human Resources 

Fred Carter Jr. v. Department of Human Resources 

Ricky Ratliff v. Department of Human Resources 

Willie McNeil Jr. v. Department of Human Resources 

Ray Douglas Brickhouse v. Department of Human Resources 

Tyron G. Moore v. Department of Human Resources 

Paul A. Card v. Department of Human Resources 

James P. Barton, QI v. Department of Human Resources 

Darrin Yancey v. Department of Human Resources 

Douglas L. Lucas v. Department of Human Resources 

Gregory D. Simpson v. Department of Human Resources 

Lewis A. Garris v. Department of Human Resources 

Michael Lynn Avery v. Department of Human Resources 

Elvis M. Graham v. Department of Human Resources 

Shawn Fonville v. Department of Human Resources 

David Allan Blan v. Department of Human Resources 

James Lcc, Jr. v. Department of Human Resources 

Noah L. Houston, Sr. v. Department of Human Resources 

Wilma Lee Burton v. Department of Human Resources 

Shannon Vanderaa v. Department of Human Resources 

Anthony Murray v. Department of Human Resources 

Tommy L. Burchfield v. Department of Human Resources 

Gregory A. Rodrigues v. Department of Human Resources 

Nelson D. Edmonds v. Department of Human Resources 

Larry R. Bales v. Department of Human Resources 

Karl Philip Jursen v. Department of Human Resources 

David Harrington v. Department of Human Resources 

Sterling Womack v. Department of Human Resources 

Hubert Bowe v. Department of Human Resources 

Edward Fitch v. Department of Human Resources 



CAi 


;e 




DATE OF 


^aJMBER 


AU 


DECISION 


94CSE 1153 


Gray 


04/04/95 


94 CSE 


1157 


Nesnow 


03/16/95 


94CSE 


1158 


Becton 


05/16/95 


94 CSE 


1184 


Mann 


05/02/95 


94 CSE 


1186 


Chess 


05/01/95 


94 CSE 


1191 


West 


05/25/95 


94 CSE 1 192 


Nesnow 


07/21/95 


94 CSE 1193 


Becton 


06/26/95 


94 CSE 1195 


Mann 


03/29/95 


94 CSE 


1199 


West 


07/18/95 


94 CSE 


1213 


Chess 


06/01/95 


94 CSE 


1214 


Chess 


06/01/95 


94 CSE 


1218 


Gray 


03/15/95 


94 CSE 1219 


Gray 


03/15/95 


94 CSE 


1220 


Gray 


07/21/95 


94 CSE 1222 


Morrison 


06/13/95 


94 CSE 1225 


Reilly 


04/10/95 


94 CSE 


1228 


West 


03/17/95 


94 CSE 


1229 


West 


03/17/95 


94 CSE 


1231 


Nesnow 


03/03/95 


94 CSE 


1232 


Nesnow 


03/15/95 


94 CSE 


1236 


Mann 


06/02/95 


94 CSE 


1237 


Gray 


03/15/95 


94 CSE 


1239 


Gray 


03/02/95 


94 CSE 


1241 


Gray 


03/15/95 


94 CSE 1242 


Gray 


05/31/95 


94 CSE 1244 


Morrison 


03/13/95 


94 CSE 


1245 


Morrison 


06/26/95 


94 CSE 


1246 


Morrison 


06/26/95 


94 CSE 


1247 


Morrison 


05/17/95 


94 CSE 


1248 


Morrison 


07/11/95 


94 CSE 


1249 


Morrison 


03/02/95 


94 CSE 


1250 


Morrison 


07/10/95 


94 CSE 


1251 


Reilly 


05/18/95 


94 CSE 


1254 


Reilly 


03/13/95 


94 CSE 


1255 


Reilly 


05/18/95 


94 CSE 


1256 


Reilly 


03/15/95 


94 CSE 


1258 


West 


07/21/95 


94 CSE 


1259 


West 


03/06/95 


94 CSE 


1260 


West 


05/22/95 


94 CSE 


1261 


West 


03/17/95 


94 CSE 


1262 


West 


03/17/95 


94 CSE 


1263 


West 


03/17/95 


94 CSE 


1264 


West 


03/17/95 


94 CSE 


1266 


Nesnow 


03/13/95 


94 CSE 


1267 


Nesnow 


06/02/95 


94 CSE 


1269 


Nesnow 


03/15/95 


94 CSE 1270 


Nesnow 


03/15/95 


94 CSE 


1272 


Becton 


03/15/95 


94 CSE 


1273 


Becton 


07/28/95 


94 CSE 


1274 


Becton 


03/15/95 


94 CSE 


1275 


Becton 


03/15/95 


94 CSE 


1277 


Becton 


03/06/95 


94 CSE 


1279 


Chess 


07/26/95 


94 CSE 


1280 


Chess 


04/10/95 


94 CSE 


1284 


Chess 


04/26/95 


94 CSE 


1285 


Chess 


07/12/95 


94 CSE 


1286 


Mann 


03/21/95 


94 CSE 


1287 


Mann 


03/21/95 


94 CSE 


1289 


Mann 


03/21/95 


94 CSE 


1300 


Mann 


03/21/95 


94 CSE 


1301 


Gray 


07/27/95 


94 CSE 


1302 


Gray 


03/02/95 


94 CSE 


1303 


Gray 


03/15/95 


94 CSE 


1304 


Morrison 


05/22/95 


94 CSE 1305 


Morrison 


05/18/95 


94 CSE 


1308 


Mann 


05/18/95 


94 CSE 


1313 


Mann 


05/02/95 



PUBLISHED DECISION 
REGISTER CITATION 



10:10 



NORTH CAROLINA REGISTER 



August 15, 1995 



859 



CONTESTED CASE DECISIONS 



AGENCY 



Olifl Lewis Jr. v. Department of Human Resources 

Robert F. Catoc Jr. v. Department of Human Resources 

William Anthony Winchester v. Department of Human Resources 

Aaron L. Clark v. Department of Human Resources 

Vincent R. Valles Sr. v. Department of Human Resources 

Gary W. Gibson v. Department of Human Resources 

Mark A. West v. Department of Human Resources 

John E. Bolas Jr. v. Department of Human Resources 

Gary C. Wiggins v. Department of Human Resources 

Rhonnie J. Williams v. Department of Human Resources 

Danny Ray Hcnsley v. Department of Human Resources 

Stanley Moore v. Department of Human Resources 

Rawn Weigel v. Department of Human Resources 

David C. Glenn v. Department of Human Resources 

Marc F. Carboni v. Department of Human Resources 

Ivy M. Harvcll v. Department of Human Resources 

Terry L. McMillon v. Department of Human Resources 

Garry G. Hickman v. Department of Human Resources 

Willie Herring v. Department of Human Resources 

Joe C. Dean v. Department of Human Resources 

Jimmie E. Barnes v. Department of Human Resources 

Cecilia Carmosino v. Department of Human Resources 

Marvin F. Walker v. Department of Human Resources 

Richard J. Almeida v. Department of Human Resources 

Michael R. French v. Department of Human Resources 

William R. Casey v. Department of Human Resources 

John A. Jackson v. Department of Human Resources 

Michael R. Roberts v. r>cpartment of Human Resources 

Kevin R. Nienkc v. Department of Human Resources 

Cleolhis B. Smith v. Department of Human Resources 

Leroy Johnson Jr. v. Department of Human Resources 

James Patterson v. Department of Human Resources 

TTiomas Colon v. Department of Human Resources 

Walter Swimiak Jr. v. Department of Human Resources 

Michael R. Strong v. Department of Human Resources 

Marion Rodriguez v. Department of Human Resources 

Van Edward Arrington v. Department of Human Resources 

Jerry L. White Sr. v. Department of Human Resources 

Dennis James Grimes v. Department of Human Resources 

Scott John Tozzi v. Department of Human Resources 

Roger A. Eaton v. I>epartment of Human Resources 

Willie J. Flowers Jr. v. Department of Human Resources 

Jeffrey James Spcnce v. Department of Human Resources 

Byron C. Alston v. Department of Human Resources 

Oliver Lee Wolfe Sr. v. Department of Human Resources 

James Tracy Strickland v. Department of Human Resources 

Michael K. Reese v. Department of Human Resources 

Albert D. Johnson v. Department of Human Resources 

Johnny A. Stroud v. Department of Human Resources 

Richard G. Medford, Jr. v. Department of Human Resources 

Theresa Strader v. Department of Human Resources 

James F. Williams v. Department of Human Resources 

John Bell Shelton v. Department of Human Resources 

Kennedy C. Uzomba v. Department of Human Resources 

Marion A. Ward v. E>epartmcnt of Human Resources 

Robert H. Owens v. Department of Human Resources 

Samuel A. Lewis v. Department of Human Resources 

Robert Lee Wall v. Department of Human Resources 

James M. Brcaden Jr. v. E>epartmcnt of Human Resources 

Peter G. Coley v. Department of Human Resources 

Benjamin Nuriddin v. Department of Human Resources 

Robert L. Carter v. Department of Human Resources 

Danny Columbus Baker v. Department of Human Resources 

Duke William Duprc' v. Department of Human Resources 

Audrey Jennings v. Department of Human Resources 

Robert S. Moore v. Department of Human Resources 

Michael A. Camp v. Department of Human Resources 

Martin J. Miller v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALi 


DECISION 


94 CSE 


1314 


Mann 


03/21/95 


94 CSE 


1329 


Morrison 


03/15/95 


94 CSE 


1331 


Reilly 


03/15/95 


94 CSE 1332 


Rcilly 


03/15/95 


94 CSE 


1333 


West 


03/17/95 


94 CSE 


1334 


West 


03/06/95 


94 CSE 


1335 


West 


03/17/95 


94 CSE 


1336 


Nesnow 


03/15/95 


94 CSE 


1338 


Nesnow 


03/15/95 


94 CSE 


1339 


Beaton 


03/15/95 


94 CSE 


1340 


Becton 


03/15/95 


94 CSE 


1341 


Becton 


07/28/95 


94 CSE 


1342 


Chess 


05/22/95 


94 CSE 


1343 


Chess 


04/20/95 


94 CSE 


1344 


Chess 


06/01/95 


94 CSE 


1345 


Mann 


03/21/95 


94 CSE 


1346 


Mann 


03/21/95 


94 CSE 


1348 


Gray 


03/15/95 


94 CSE 


1350 


Morrison 


03/02/95 


94 CSE 


1351 


Morrison 


03/15/95 


94 CSE 


1352 


Reilly 


03/03/95 


94 CSE 


1354 


West 


03/17/95 


94 CSE 1355 


West 


03/17/95 


94 CSE 1357 


Nesnow 


03/15/95 


94 CSE 


1359 


Becton 


03/15/95 


94 CSE 


1369 


Mann 


05/02/95 


94 CSE 


1370 


Mann 


03/07/95 


94 CSE 


1371 


Mann 


03/21/95 


94 CSE 


1372 


Gray 


07/18/95 


94 CSE 


1373 


Gray 


03/15/95 


94 CSE 


1377 


Mann 


03/31/95 


94 CSE 


1378 


Morrison 


03/15/95 


94 CSE 


1379 


Rcilly 


03/15/95 


94 CSE 


1382 


West 


03/17/95 


94 CSE 


1383 


West 


07/18/95 


94 CSE 


1385 


Nesnow 


03/03/95 


94 CSE 


1386 


West 


07/18/95 


94 CSE 


1387 


Nesnow 


03/15/95 


94 CSE 


1388 


Becton 


03/15/95 


94 CSE 


1389 


Becton 


03/15/95 


94 CSE 1392 


Gray 


03/09/95 


94 CSE 


1393 


Morrison 


03/15/95 


94 CSE 


1394 


Reilly 


03/15/95 


94 CSE 


1396 


Nesnow 


03/03/95 


94 CSE 


1397 


Mann 


03/31/95 


94 CSE 


1398 


Mann 


03/31/95 


94 CSE 


1412 


Gray 


03/31/95 


94 CSE 


1413 


Gray 


06/26/95 


94 CSE 


1414 


Gray 


06/27/95 


94 CSE 


1415 


Morrison 


03/02/95 


94 CSE 


1416 


Morrison 


03/21/95 


94 CSE 


1417 


Morrison 


03/21/95 


94 CSE 


1419 


Morrison 


06/26/95 


94 CSE 


1420 


Reilly 


04/03/95 


94 CSE 


1421 


Reilly 


03/03/95 


94 CSE 


1423 


Reilly 


06/02/95 


94 CSE 


1424 


Reilly 


04/03/95 


94 CSE 


1425 


West 


03/31/95 


94 CSE 


1426 


West 


03/31/95 


94 CSE 


1427 


West 


03/31/95 


94 CSE 


1429 


West 


03/31/95 


94 CSE 


1430 


Nesnow 


03/24/95 


94 CSE 


1431 


Nesnow 


03/24/95 


94 CSE 


1432 


Nesnow 


03/24/95 


94 CSE 


1433 


Nesnow 


03/24/95 


94 CSE 


1434 


Nesnow 


07/11/95 


94 CSE 


1435 


Becton 


03/06/95 


94 CSE 


1436 


Becton 


03/06/95 



PUBLISHED DECISION 
REGISTER CITATION 



860 



NORTH CAROLINA REGISTER 



August 15, 1995 



10:10 



CONTESTED CASE DECISIONS 



) 



) 



) 



AGENCY 



Steven L. Cox v. Department of Human Resources 

Michael P. Cleaiy v. Department of Human Resources 

Willie Cherry, Jr. v. Department of Human Resources 

Michael D. Guythcr v. Department of Human Resources 

Charlie Sturdivant v. Department of Human Resources 

William V. Glennon v. Department of Human Resources 

Alaster Williams v. Department of Human Resources 

Henry L. Gibbs v. Department of Human Resources 

Roger Gene Fchlhaber v. Department of Human Resources 

Donald Ray SoHs v. Department of Human Resources 

Lawrence Dow Ck:an v. Department of Human Resources 

Beau L. Miller v. Department of Human Resources 

Claude E. Alston v. Department of Human Resources 

Elizabeth F. West v. Department of Human Resources 

John H. Underwood v. Department of Human Resources 

James T. Dudley Jr. v. Department of Human Resources 

Lori Davis Humphrey v. Department of Human Resources 

Robert L. Freeland, Jr. v. Department of Human Resources 

Antonio Darden (TV-D #1237637) v. Department of Human Resources 

Antonio Darden (TV-D #1280116) v. Department of Human Resources 

Antonio Darden (IV-D #1233347) v. Department of Human Resources 

Michael Shannon v. Department of Human Resources 

Scott Thackrah v. Department of Human Resources 

Cyrus R. Luallen v. Department of Human Resources 

Harold Dean Horn v. Department of Human Resources 

James B. Miller v. Department of Human Resources 

Glenn Allison v. Department of Human Resources 

Louis R. Salamone v. Department of Human Resources 

Lee R. Jones v. Department of Human Resources 

Randy Norris Willis v. Department of Human Resources 

Michael E. Bellamy v. Department of Human Resources 

Eddie James Johnson v. Department of Human Resources 

Coley C. Matthews v. Department of Human Resources 

Willie J. Gadson v. Department of Human Resources 

Joseph K. Gatewood v. Department of Human Resources 

Donald Lee Barcliff v. Department of Human Resources 

James W. Nunnery v. Department of Human Resources 

Terrance Freeman v. Department of Human Resources 

William Lcroy WatJcins v. Department of Human Resources 

Bailey White v. Department of Human Resources 

Shannon Woodall v. Department of Human Resources 

Peter Ian Oliveira v. Department of Human Resources 

Ronald E. Lewis v. Department of Human Resources 

Wesley Kelvin Cook v. Department of Human Resources 

Everett Lee Hunt v. Department of Human Resources 

Kenneth W. Cahoon v. Department of Human Resources 

Ricky S. Blake v. Department of Human Resources 

Rick E. Atkins v. Department of Human Resources 

Timothy James Burnett v. Department of Human Resources 

Carlos L. Robinson v. Department of Human Resources 

Eddie O. Toro v. Department of Human Resources 

Timothy Marie Johnson v. Department of Human Resources 

Alan W. Karsner v. Department of Human Resources 

Walter J. Sturdivani v. Department of Human Resources 

Volna Ramone Gales v. Department of Human Resources 

Bruce Kelly Jacobs v. Department of Human Resources 

Tony Collins v. Department of Human Resources 

Ronald O. Biggs v. Department of Human Resources 

Keith Dewayne Senters v. Department of Human Resources 

Marvin B. Harris v. Department of Human Resources 

Jay C. Edwards, III v. Department of Human Resources 

William Hyman v. Department of Human Resources 

Mahalon E. White v. Department of Human Resources 

Dennis Ray Alexander v. Department of Human Resources 

Joseph R. & Linda M. Grooms v. Department of Human Resources 

Robert M. Martin v. Department of Human Resources 

Ashton Berry Gatlin v. Department of Human Resources 

Louis Cragg HI v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


AU 


DECISION 


94 CSE 1437 


Becton 


07/28/95 


94 CSE 1438 


Becton 


07/05/95 


94 CSE 1439 


Chess 


03/03/95 


94 CSE 1441 


Chess 


07/18/95 


94 CSE 1442 


Chess 


06/29/95 


94 CSE 1444 


Mann 


03/07/95 


94 CSE 1445 


Gray 


03/02/95 


94 CSE 1446 


Morrison 


03/21/95 


94 CSE 1447 


RciUy 


04/03/95 


94 CSE 1449 


Ncsnow 


07/26/95 


94 CSE 1450 


Gray 


06/09/95 


94 CSE 1452 


West 


03/07/95 


94 CSE 1454 


Nesnow 


04/17/95 


94 CSE 1455 


Nesnow 


03/07/95 


94 CSE 1456 


Nesnow 


04/17/95 


94 CSE 1457 


Nesnow 


04/28/95 


94 CSE 1459 


Becton 


03/06/95 


94 CSE 1460 


Becton 


04/07/95 


94 CSE 1461 


Becton 


04/07/95 


94 CSE 1462 


Becton 


04/07/95 


94 CSE 1463 


Becton 


04/07/95 


94 CSE 1466 


Chess 


06/09/95 


94 CSE 1468 


Chess 


07/20/95 


94 CSE 1470 


Mann 


03/31/95 


94 CSE 1471 


Mann 


03/07/95 


94 CSE 1472 


Mann 


03/07/95 


94 CSE 1473 


Gray 


03/02/95 


94 CSE 1474 


Gray 


03/09/95 


94 CSE 1475 


Gray 


05/19/95 


94 CSE 1476 


Morrison 


03/21/95 


94 CSE 1477 


Morrison 


03/02/95 


94 CSE 1478 


Morrison 


03/02/95 


94 CSE 1479 


Morrison 


03/21/95 


94 CSE 1480 


Reilly 


04/10/95 


94 CSE 1481 


Reilly 


06/26/95 


94 CSE 1482 


Reilly 


04/10/95 


94 CSE 1484 


Nesnow 


04/17/95 


94 CSE 1485 


Nesnow 


07/11/95 


94 CSE 1486 


Nesnow 


04/17/95 


94 CSE 1487 


Nesnow 


05/23/95 


94 CSE 1488 


Becton 


07/18/95 


94 CSE 1489 


Becton 


03/07/95 


94 CSE 1491 


Becton 


03/07/95 


94 CSE 1492 


Becton 


04/07/95 


94 CSE 1493 


Chess 


06/01/95 


94 CSE 1494 


Chess 


07/12/95 


94 CSE 1495 


Chess 


06/22/95 


94 CSE 1496 


Chess 


06/28/95 


94 CSE 1498 


Chess 


07/20/95 


94 CSE 1499 


Mann 


03/31/95 


94 CSE 1500 


Mann 


03/31/95 


94 CSE 1502 


Mann 


05/02/95 


94 CSE 1503 


Mann 


05/02/95 


94 CSE 1504 


Gray 


06/26/95 


94 CSE 1505 


Gray 


04/07/95 


94 CSE 1508 


Gray 


03/31/95 


94 CSE 1511 


Gray 


03/02/95 


94 CSE 1512 


Gray 


04/07/95 


94 CSE 1513 


Gray 


04/28/95 


94 CSE 1533 


Morrison 


03/02/95 


94 CSE 1534 


Morrison 


04/06/95 


94 CSE 1535 


Morrison 


06/26/95 


94 CSE 1537 


Morrison 


04/06/95 


94 CSE 1538 


Reilly 


03/03/95 


94 CSE 1539 


Reilly 


03/07/95 


94 CSE 1541 


Reilly 


03/07/95 


94 CSE 1542 


Reilly 


04/10/95 


94 CSE 1543 


West 


03/06/95 



PUBLISHED DECISION 
REGISTER CITATION 



10:10 



NORTH CAROLINA REGISTER 



August 15, 1995 



861 



CONTESTED CASE DECISIONS 



AGENCY 



DenniB Micheal Sanders v. Dq^artmenl of Human Resources 
Anthony Bonini v. I>cpartmenl of Human Resources 
John D. Twine Sr. v. Department of Human Resources 
David A. Gaskins v. Department of Human Resources 
Kevin Ervin Kelley v. Department of Human Resources 
Nathaniel Ashford v. Department of Human Resources 
Ellen Downing v. Department of Human Resources 
Charles R. Hauley v. Department of Human Resources 
Michael L. Schadlcr v. Department of Human Resources 
Owen B. Fisher Jr. v. Department of Human Resources 
Robin Delmar Goods v. Department of Human Resources 
Julio AJvarado Jr. v. Department of Human Resources 
Thomas A. Morgan v. Department of Human Resources 
Tcrrcncc R. McLaughlin v. Department of Human Resources 
Johnnie V. Johnson v. Department of Human Resources 
Ward F. Miller v. Department of Human Resources 
Joel P. Roth V. Department of Human Resources 
Atward T. Warren v. Department of Human Resources 
Monte Harwell v. Department of Human Resources 
Albert Noah Dunlap v. Department of Human Resources 
James E. Davis v. Department of Human Resources 
Roger T. Benoy v. Department of Human Resources 
Spencer P. Johnson v. Department of Human Resources 
James A. Bryant v. Department of Human Resources 
Conrade EhinkJin v. Department of Human Resources 
Kenneth J. Balfour v. Department of Human Resources 
Tony Thomas v. Department of Human Resources 
Willie A. Harris v. Department of Human Resources 
Walter T. Townsend Jr. v. Department of Human Resources 
Dennis W. Nolan v. Department of Human Resources 
Roderick Odcll Adams v. Department of Human Resources 
Jonathan L. Payne 11 v. Dq^artment of Human Resources 
Charles Scott Wilhoit v. Department of Human Resources 
Mickey Bridgetl v. Department of Human Resources 
John Kimmons v. Department of Human Resources 
Randolph J. Nunn v. Department of Human Resources 
David Lester Gordon v. Department of Human Resources 
Larry James Walker, Jr. v. Department of Human Resources 
Wade A. Burgess v. Department of Human Resources 
Gary Jones v. Department of Human Resources 
Anthony Harrison v. Department of Human Resources 
Eddie L. Oliver ID v. Department of Human Resources 
Michael D. Tyrce v. Department of Human Resources 
Edward Fisher v. Department of Human Resources 
Leroy Jones v. Department of Human Resources 
Bernard Cooper v. Department of Human Resources 
William Gray v. Department of Human Resources 
Edward Lockhart v. Department of Human Resources 
Jimmy R. Jackson v. Department of Human Resources 
Mark A. Jones v. Department of Human Resources 
Oodino Damota Freitas v. Department of Human Resources 
Tony MonzcU Perry v. Department of Human Resources 
Frank M. Swett v. Department of Human Resources 
James B. Stokes Jr. v. Department of Human Resources 
Edith Christine Spurlock v. Department of Human Resources 
Andrew P. Jergens v. Department of Human Resources 
Nelson Bennett v. Department of Human Resources 
Eric L. McDonald v. Department of Human Resources 
Stephen L. Blankenship v. Department of Human Resources 
Herbert T. Robertson v. Department of Human Resources 
Kenny R. Bradshaw v. Department of Human Resources 
Eddie Harris Jr. v. Department of Human Resources 
Ronnie P. Stephens v. Department of Human Resources 
Anthony B. Gardner v. Department of Human Resources 
Lewis M. Scarborough v. Department of Human Resources 
Manuel F. Isla v. Department of Human Resources 
Robert Larry Martin v. Department of Human Resources 
Dwane M. Williams v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 1544 


West 


06/23/95 


94 CSE 


1545 


West 


07/18/95 


94 CSE 


1547 


West 


07/18/95 


94 CSE 


1548 


West 


05/22/95 


94 CSE 


1549 


Nesnow 


06/02/95 


94 CSE 


1551 


Nesnow 


07/26/95 


94 CSE 


1553 


Nesnow 


03/30/95 


94 CSE 


1554 


Becton 


03/07/95 


94 CSE 


1555 


Becton 


03/07/95 


94 CSE 


1562 


Becton 


04/07/95 


94 CSE 


1563 


Becton 


04/07/95 


94 CSE 


1564 


Beclon 


05/22/95 


94 CSE 


1567 


Chess 


06/02/95 


94 CSE 


1569 


Chess 


03/07/95 


94 CSE 


1570 


Chess 


06/28/95 


94 CSE 


1571 


Chess 


04/19/95 


94 CSE 


1572 


West 


03/14/95 


94 CSE 


1573 


West 


03/31/95 


94 CSE 


1576 


West 


07/18/95 


94 CSE 


1577 


Reilly 


04/10/95 


94 CSE 


1578 


Reilly 


04/10/95 


94 CSE 


1579 


Reilly 


03/03/95 


94 CSE 


1580 


Reilly 


04/10/95 


94 CSE 


1582 


Morrison 


04/06/95 


94 CSE 


1583 


Morrison 


04/06/95 


94 CSE 


1584 


Morrison 


03/07/95 


94 CSE 


1585 


Morrison 


07/26/95 


94 CSE 


1586 


Morrison 


04/06/95 


94 CSE 


1587 


Gray 


04/28/95 


94 CSE 


1590 


Gray 


03/31/95 


94 CSE 


1591 


Gray 


04/07/95 


94 CSE 1592 


Morrison 


04/06/95 


94 CSE 


1594 


Reilly 


04/21/95 


94 CSE 


1595 


West 


05/08/95 


94 CSE 


1596 


Nesnow 


04/17/95 


94 CSE 


1608 


Mann 


03/21/95 


94 CSE 


1609 


Mann 


03/13/95 


94 CSE 


1610 


Chess 


06/01/95 


94 CSE 


1611 


Chess 


06/09/95 


94 CSE 


1612 


Chess 


07/12/95 


94 CSE 


1615 


Becton 


04/07/95 


94 CSE 


1616 


Beclon 


07/10/95 


94 CSE 


1619 


Becton 


04/07/95 


94 CSE 


1621 


Becton 


04/07/95 


94 CSE 


1622 


Nesnow 


07/05/95 


94 CSE 


1623 


Nesnow 


04/17/95 


94 CSE 


1645 


Becton 


04/25/95 


94 CSE 


1646 


Chess 


06/02/95 


94 CSE 


1648 


Gray 


03/09/95 


94 CSE 


1649 


Morrison 


03/07/95 


94 CSE 


1650 


Reilly 


03/07/95 


94 CSE 


1651 


West 


04/07/95 


94 CSE 


1652*' 


Reilly 


05/16/95 


94 CSE 


1653 


Becton 


04/07/95 


94 CSE 


1654 


Chess 


07/19/95 


94 CSE 


1655 


Mann 


05/22/95 


94 CSE 


1656 


Gray 


03/02/95 


94 CSE 


1657 


Morrison 


04/06/95 


94 CSE 


1678 


Beclon 


07/28/95 


94 CSE 


1679 


Chess 


06/28/95 


94 CSE 


1700 


Reilly 


04/10/95 


94 CSE 


1702 


Beclon 


04/07/95 


94 CSE 


1703 


Chess 


06/28/95 


94 CSE 


1704 


Mann 


05/02/95 


94 CSE 


1725 


West 


05/25/95 


94 CSE 


1749*'° 


Beclon 


07/28/95 


94 CSE 


1750 


Chess 


03/21/95 


94 CSE 


1759 


Nesnow 


06/09/95 



PUBLISHED DECISION 
REGISTER CITATION 



862 



NORTH CAROLINA REGISTER 



August 15, 1995 



10:10 



CONTESTED CASE DECISIONS 



) 



) 



AGENCY 



Jos^h O. Evans v. Department of Human Resources 
Donald E. Kirby v. Department of Human Resources 
Paul R. Ross V. Department of Human Resources 
Bobby Dain Massey v. Department of Human Resources 
Mandel Curry Edwards v. Department of Human Resources 
Carol Jeanne Deesc v. E)cpartment of Human Resources 
James Wright Jr. v. E>epartmcnt of Human Resources 
Joyce Ann Wilkinson v. Department of Human Resources 
Levero Wilson, Jr. v. Department of Human Resources 
Michael A. Bradford v. Department of Human Resources 
Clayman R. Norfleet v. Department of Human Resources 
Johnny C. Cole v. Department of Human Resources 
Rasoul Bchboudi v. Department of Human Resources 
Keith Matthews v. Department of Human Resources 
Ernest N. Piuitt, Jr. v. Department of Human Resources 
Troy Cage v. Department of Human Resources 
Clyde R. Gaither v. Department of Human Resources 
Randy E. Baker v. Department of Human Resources 
James Glenn Locidear v. Department of Human Resources 
Walter Swimiak v. Department of Human Resources 
William Rann v. Department of Human Resources 
Inez Brown v. Department of Human Resources 
Matthew L. Ward v. Department of Human Resources 
Sanders Gilliard Hunter v. Department of Human Resources 
Mark C. Bushrod v. Department of Human Resources 
Antoine D. Jones v. Department of Human Resources 
Bennie L. Little v. Department of Human Resources 
Derrick Leon Henry v. Department of Human Resources 
David Dean Davis v. Department of Human Resources 
Kelvin M. Tarlton v. Department of Human Resources 
Clarence O. Hilliard v. Department of Human Resources 
Alonzo Wilson v. Department of Human Resources 
Reginald Hill v. Department of Human Resources 
Rhonda D. Deaton v. Department of Human Resources 
Rudolph C. Williams v. Department of Human Resources 
John K. Bostic v. Department of Human Resources 
Eva T. Wilson v. Department of Human Resources 
Dave L. James v. Department of Human Resources 
Robert Lee Bullock v. Department of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AU 


DECISION 


REGISTER CITATION 


94 CSE 1766 


Chess 


03/21/95 




94 CSE 1767 


Reilly 


03/03/95 




94 CSE 1778 


West 


03/06/95 




94 CSE 1798 


Gray 


04/27/95 




94 CSE 1799** 


Gray 


05/31/95 




94 CSE 1814 


Morrison 


04/27/95 




94 CSE 1826 


Nesnow 


07/11/95 




95 CSE 0071 


Becton 


04/04/95 




95 CSE 0073 


Chess 


06/28/95 




95 CSE 0116 


Mann 


05/25/95 




95 CSE 0117 


Morrison 


07/11/95 




95 CSE 0118 


Reilly 


06/22/95 




95 CSE 0147 


West 


05/18/95 




95 CSE 0205 


Chess 


07/19/95 




95 CSE 0206 


Phipps 


07/21/95 




95 CSE 0207 


Phipps 


07/26/95 




95 CSE 0208 


Phipps 


07/31/95 




95 CSE 0226 


Nesnow 


07/28/95 




95 CSE 0229 


Phipps 


07/31/95 




95 CSE 0230 


West 


07/18/95 




95 CSE 0273 


Phipps 


06/27/95 




95 CSE 0279 


Phipps 


07/21/95 




95 CSE 0280 


Phipps 


06/27/95 




95 CSE 0284 


Phipps 


05/22/95 




95 CSE 0297 


Morrison 


07/26/95 




95 CSE 0300 


Reilly 


07/21/95 




95 CSE 0313 


Morrison 


07/21/95 




95 CSE 0321 


Chess 


07/17/95 




95 CSE 0350 


Phipps 


07/26/95 




95 CSE 0370 


West 


07/26/95 




95 CSE 0371 


Reilly 


05/25/95 




95 CSE 0414 


Becton 


07/28/95 




95 CSE 0438 


Becton 


07/21/95 




95 CSE 0489 


Becton 


07/05/95 




95 CSE 0492 


Gray 


07/18/95 




95 CSE 0493 


Nesnow 


08/02/95 




95 CSE 0520 


Reilly 


07/21/95 




95 CSE 0539 


Mann 


07/21/95 




95 CSE 0559 


Phipps 


07/31/95 





Distribution Child Support 
Lisa J. Hill v. DHR, Div. of Social Svcs., Child Support Enf. Section 

Rockingham County Department of Social Ser\ices 
Crystean Fields v. Rockingham County DSS 

Waki County Social Services 



95 DCS 0239 Phi 



pps 



95 DHR 0316 Reilly 



05/02/95 



06/01/95 



Grace A. Wright v. Wake County Social Services., Suzanne Woodell 
and Craig Glenn 



94 DHR 1618 Chess 



05/03/95 



INSURANCE 



Grace F. Watkins v. Teachers' & St. Emp. Comp. Major Med. Plan 94 INS 1639 

Billy Gene Campbell v. Department of Insurance 95 INS 0143 

Karen Wingert Bunch v. Teachers' & St. Emp. Comp. Major Med. Plan 95 INS 0243 



Chess 


05/24/95 


Reilly 


04/20/95 


Morrison 


07/21/95 



) 



JUSTICE 

Alarm Systems Licensing Board 

Patrick P. Sassman v. Alarm Systems Licensing Board 



94 DOJ 1825 



Reilly 



03/09/95 



10:10 



NORTH CAROLINA REGISTER 



August 15, 1995 



863 



CONTESTED CASE DECISIONS 



CASE 
NUMBER ALJ 



AGENCY 



Education and Tndmimg StoMdards Dividom 

Ricky Dale McE>evitt v. Sheriff's Ed. & Training Stds. Comm. 
Reginald Keith Goffington v, Cimioal Justice Ed. & Training Stds. Comm. 
Nervin Joseph DeDeaui v. Criminal Justice Ed. & Training Stds. Comm. 
Tony Lamont Blackmon v. Criminal Justice Ed. & Training Stds. Comm. 
Constance F. Lawrence v. Sheriffs Ed. & Training Stds. Comm. 
Alexander Douglas Jones v. Criminal Justice Ed. & Training Stds. Comm. 
Richard Dan Wuchle v. Criminal Justice Ed. &. Training Stds. Comm. 
Jeffrey Andre Jenkins v. Criminal Justice Ed. & Training Stds. Comm 

Private Protective Services Board 

Leftis Austin Saintsing v. Private Protective Services Board 
Marcus T. Williams v. Private Protective Services Board 
Melvin Ray Cooper v. Private Protective Services Board 
Donncll E. Morrow, Jr. v. Private Protective Services Board 
Private Protective Services Board v. James C. Purvis 
Private Protective Services Board v. Samuel O. Smith 
Jann Mitchell Stanley v. Private Protective Services Board 
Donald Wayne Clark v. Private Protective Services Board 
Marvin E. Shackleford v. Private Protective Services Board 
Julius T. Fairley v. Private Protective Services Board 
James L. McLeary, Jr. v. Private Protective Services Board 

LABOR 



Occupational Sqfety 4 Health Division 

Lenoir County Public Schools v. Department of Labor, OSHA 95 IX3L 0218 

Private Personnel Service Division 

Employment Consultants, Inc. v. Private Persoimel Sen'ice Division 95 DOL 0209 

Wage and Hour Division 

R.J. Scott, Pres. Pirate Enterprises, Inc. v. Labor, Wage & Hour Div. 94 DOL 1524 

PUBLIC INSTRUCTION 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



94 DOJ 1000 


Chess 


94 DOJ 1064 


Chess 


94 DOJ 1635 


Reilly 


94 DOJ 1823 


Reilly 


95 DOJ 0018 


Chess 


95 DOJ 0133 


Chess 


95 DOJ 0420 


Morrison 


95 DOJ 0444 


Phipps 


95 DOJ 0611 


Phipps 


95 DOJ 0612 


Phipps 


95 DOJ 0613 


Phipps 



Nesnow 



Morrison 



West 



03/03/95 
02/24/95 

03/09/95 
03/09/95 
05/15/95 
05/09/95 
05/24/95 
07/14/95 
07/18/95 
07/20/95 
07/18/95 



05/01/95 



07/07/95 



03/23/95 



i 



94 DOJ 1710 


Nesnow 


05/04/95 


10:05 NCR 324 


95 DOJ 0028 


Becton 


06/08/95 




95 DOJ 0O29 


Reilly 


05/16/95 




95 DOJ 0043 


Reilly 


06/02/95 




95 DOJ 0076 


Morrison 


04/06/95 




95 DOJ 0101 


Morrison 


06/13/95 


10;07 NCR 627 


95 DOJ 0401 


Nesnow 


06/07/95 




95 DOJ 1408 


Phipps 


07/31/95 





10:09 NCR 805 



Glenn n, on bdialf of Glenn D, and Glenn H. Individually v. Charlotlc- 

MeckJenburg County Schools 
S.M. on Behalf of J. A.M., and S.M.. Individually, and J.M. v. Davie 

County Board of Education 
William Hewett v. Stale Board of Education 
James Midgetle v. State Board of Education 
Deborah R. Crouse v. Suie Board of Education 
Bobby G. Little v. Department of Public Instruction 
Tonya Marie Snipes and Robert Leon Snipes v. Orange County Schools 
Laveme K. Suggs v. Department of Public Instruction 
Lavem K. Suggs v. Guilford County Schools 
Kenneth G.H. Leftwich v. State Board of Education 

STATE PERSO^fNEL 

Caswell CouMty Heath Department 

Delia Brown v. Caswell County Health Department 
Julie R. Johnson v. Caswell County Health Department 

N.C. Central University 

Peter A. Fore v. N.C. Central University 



93 EDC 0549 


Chess 


93 EDC 0742 


Phipps 


94 EDC 0533 


Gray 


94 EDC 1401 


Reilly 


95 EDC 0003 


Chess 


95 EDC 0168 


Phipps 


95 EDC 0225 


Maim 


95 EDC 0384 


Nesnow 


95 EDC 0385 


Nesnow 


95 EDC 0405 


Nesnow 



94 OSP 0834 
94 OSP 0865 



93 OSP 0189 



Nesnow 
Reilly 



Nesnow 



03/16/95 

05/30/95 

03/31/95 
05/02/95 
04/10/95 
03/20/95 
05/15/95 
07/12/95 
06/02/95 
05/25/95 



06/12/95 
03/15/95 



06/13/95 



10:02 NCR 179 



i 



864 



NORTH CAROUNA REGISTER 



August 15, 1995 



10:10 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



94 DSP 0775 



Departnunt of Commerce 

T. Sherwood Jemigan v. Dcpt. of Commerce, Savings InBtitutioa Div. 

Department of Correetiom 

Nancy Gilchrist v. Department of Correction 

Howard Gray Sadler v. Correction, Div. of Adult Probation/Parole 

Thomas Wayne Smathers v. Department of Correction 

George J. McCleaae, Jr. v. Department of Correction 

Ruth Kearney v. Department of Correction 

James W. Hughes v. Department of Correction, Blue Ridge Unit Avery 95 DSP 0334 

Department of Crime Control and Public Safety 

Betty Sue Whitley v. National Guard Dept. Crime Control & Public Safety 94 OSP 1399 

Office of the District Attorney 

Shannon Caudill v. Office of the District Attorney for Judicial 95 OSP 0188 

District 17-B, and Administrative Office of the Courts 

Dorothea Dix Hospital 

Paul E. Hunter v. Dorothea Dix Hospital 95 OSP 0504 

East Carolina University 

Lillie Mercer AtJdnBon v. ECU, Dept. of Comparative Medicine, et al. 95 OSP 0038*' 
Lillie Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al. 95 OSP 0057*' 

Edgecombe County Health Department 

Ronald E. Wooten v. Edgecome County Health Department 

Department of Environment, Health, and Natural Resources 

Babette K. McKemie v. EHNR, Div. of Environmental Management 

Fayetteville Slate University 

George Benstead v. Fayetteville State University 
Lt. Bobby McEacheni v. FSU Police Department 
Officer Gregor A. Miles v. FSU Police Department 

Forsyth Stokes Mental Health Center 

Michael Howell v. Forsyth Stokes Mental Health Center 

Department of Human Resources 

April Benfield v. Department of Human Resources 
and 
Western Carolina Center 
Eugene Hightower, Jr. v. Department of Human Resources, EEO 
Rebecca Johnson v. Human Resources, Special Care Center 

Black Mountain Center 

James Harrison v. Black Mountain Center, Dept. of Human Resources 
James Harrison v. Black Mountain Center, Dept. of Human Resources 

Cherry Hospital 

William H. Cooke v. DHR, Cherry Hospital 



West 



05/25/95 



94 OSP 0121 


West 


03/09/95 


94 OSP 0332 


West 


05/15/95 


94 OSP 0590 


West 


03/23/95 


94 OSP 0644 


Gray 


04/19/95 


94 OSP 1807 


Becton 


03/13/95 


95 OSP 0334 


Becton 


07/25/95 



94 OSP 1209 



94 OSP 0358 



Chess 



Nesnow 



Gray 



Becton 
Becton 



Gray 



Chess 



94 OSP 0499 



Chess 



94 OSP 0994*" 

95 OSP 0190*" 



93 OSP 1547 



Gray 
Gray 



Gray 



06/13/95 



03/20/95 



07/12/95 



06/08/95 
06/08/95 



07/10/95 



05/31/95 



94 OSP 1597 


Nesnow 


04/04/95 


95 OSP 0042*' 


Reilly 


07/05/95 


95 OSP 0058*' 


Reilly 


07/05/95 



03/24/95 



94 OSP 1758 


Nesnow 


06/07/95 


94 OSP 1811 


West 


05/04/95 


95 OSP 0138 


West 


03/31/95 



07/31/95 
07/31/95 



03/16/95 



10:10 



NORTH CAROLINA REGISTER 



August 15, 1995 



865 



CONTESTED CASE DECISIONS 



CASE 
NUMBER 



AU 



AGENCY 

Durham County Department of Social Services 
Delores H. Jeffers v. Ehirbam County Department of Social Services 

Gaston County Department of Social Services 
Bobbie I. Gilliam v. Gaston County Department of Social Services 

Iredell County Department of Social Services 

Vernon E. Grosse v. Iredell County Department of Social Services 
Bonnie N. Bellamy v. Iredell County I>epartment of Social Service* 

Richmond Comity Department of Social Services 

Emma Jane Bradley v. Richmond County Dept. of Social Services 

Wake County Department of Health 

Regina K. Crowder v. Wake County/Health Dept., Caroline E. Lee, EHr. 94 OSP 1032*' Nesoow 
Sabrina R. Crowder V. Wake County /Health Dept, Richard Stevens 94 OSP 1072*' Nesnow 

Thomaeine D. Avery v. Wake County/Health Department 94 OSP 1074*' Nesnow 

Wake County Department of Social Services 

Olivia L. Jordan v. Wake County/Department of Social Services 

Department of Lahor 

Michael Robert Smith v. Department of Labor 



94 OSP 0939 



94 OSP 0770 



94 OSP 0282 
94 OSP 0739 



95 OSP 0055 



Morrison 



West 



Bee ton 
Chess 



Reilly 



94 OSP 1179** Nesnow 



94 OSP 0610 



Nesnow 



Lee-Bamett Ana Mental Health, Developmental DitabiUties, and Suhstanee Abate Authority 



Julie Dyer v. Lee-Harnett Area MH/DD/SA Authority 

North CaroHna Special Cam Center 

Lynn Banasiak Bass v. North Carolina Special Care Center 

North Carolina State University 

Arulia S. Clark v. N.C. Slate University 

Wesley Brown v. N.C. State University 

David L. Bauer v. North Carolina State University 

Billy Ray Kelly v. NCSU Physical Plant 

Heather Ann Waakiowicz v. NCSU, Dept. of Public Safety 

OroMge-Penon-Chathain Mental Health 

Patricia A. Harris v. Orange-Person-Chatham Mental Health 

Department of Transportation 

Michael E. Komcgay v. Department of Transportation 
Robert F. Goins v. Department of Transportation 
Esther E>oe Murphy v. Department of Transportation 



94 OSP 0750 



95 OSP 0419 



Gray 



Phipps 



89 OSP 0612 


Nesnow 


94 OSP 1173 


Reilly 


95 OSP 0044 


Morrison 


95 OSP 0130 


West 


95 OSP 0213 


Phipps 



95 OSP 0162 

93 OSP 1700 

94 OSP 0281 

95 OSP 0114 
Judy H. Arnold v. Department of Transportation, Div. of Motor Vehicles 95 OSP 1075 

University of North CaroHna 

Belh Ann Miller v. UNC Student Health 94 OSP 0800 

UNC Hospitals 

David Patrick Malone v. Univ. of NC Hospital at Chapel Hill 94 OSP 0771 

Lillian C. Daniels v. UNC Hospital 95 OSP 0056 



West 



Gray 
Chess 
Gray 
Becton 



Nesnow 



Becton 
Morrison 



DATE OF 
DECISION 



06/12/95 



05/24/95 



03/09/95 
03/01/95 



07/18/95 



06/12/95 
06/12/95 
06/12/95 



06/12/95 



06/09/95 



03/20/95 



08/01/95 



07/07/95 
06/30/95' 
04/25/95 
03/22/95 
07/06/95 



04/11/95 



03/24/95 
05/30/95 
07/10/95 
07/31/95 



05/25/95 



03/14/95 
05/11/95 



PUBLISHED DECISION 
REGISTER CITATION 



i 



10:01 NCR 48 



10:09 NCR 809 



( 



10:08 NCR 700 



i 



866 



NORTH CAROLINA REGISTER 



August 15, 1995 



10:10 



CONTESTED CASE DECISIONS 



^ 



AGENCY 

Wake County 

Mark Morgan v. Wake County 

STATE TREASURER 



CASE 
NUMBER 



John W. Parris v. Bd. of TrusteesZ/NC Local Gov. Emp. Retirement Sys. 91 DST 1093 
Channie S. Chapman v, BdZTrusteeaZ/NC Local Gov. Emp. Ret Sys. 94 DST 0443 

Bryan L. Baaden v. Retirement Systems Division 95 OSP 0171 

Wayne La Broad v. Bd.rTrustees/ATeachers/St. Emp. Retirement Sys. 95 DST 0219 

Tammy Evonne Ashcroft Brownv. Bdn"r.//NC Local Gov. Emp. Ret Sys. 95 DST 0404 



AU 



94 OSP 0937 Nesnow 



DATE OF 
DECISION 



04/28/95 



PUBLISHED DECISION 
REGISTER CITATION 



10:04 NCR 287 



Nesnow 


05/04/95 




Morrison 


05/15/95 




Chess 


06/21/95 




Morrison 


07/14/95 




Phipps 


07/27/95 


10:10 NCR S72 



) 



) 



10:10 



NORTH CAROLINA REGISTER 



August 15, 1995 



867 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF WAYNE 



IN THE OmCE OF 

ADMINISTRATrVE HEARINGS 

95 ABC 0415 



SHERRILL DOUGLAS LANGSTON, 
Petitioner, 



ALCOHOLIC BEVERAGE CONTROL 
COMMISSION, 

Respondent. 



RECOMMENDED DECISION 



This matter was heard before Administrative Law Judge Dolores O. Nesnow, on July 20, 1995, in New Bern, North 



Carolina. 



APPEARANCES 



Petitioner: 



Respondent: 



Sherrill Douglas Langston, 
Appeared Pro Se 

Fred A. Gregory 
Assistant Counsel 
N.C. ABC Commission 
Attorney for Respondent 

ISSUE 

Should the Resjxindent issue to the Petitioner an On-Premises Beer Permit over local government objection? 

STATUTES AND RULES IN ISSUE 

N. C. Gen. Stat. 188-901 

Based upon careful consideration of the testimony and evidence presented at the hearing, the documents and exhibits 
received into evidence, and the entire record in this proceeding, the undersigned makes the following: 

FINDINGS OF FACT 

1. Respondent AlcohoUc Beverage Control (ABC) Commission received an application for an on-premises beer 

permit on February 1, 1995 from the Petitioner. 



2. 



Petitioner's establishment was to be called "Players" and was to be located Ln downtown Goldsboro. 



3. Petitioner had applied to the Town of Goldsboro for a Sf>ecial Use Permit to operate a non-alcoholic teen 
club. His application was denied. Petitioner then applied for a Special Use Permit to operate a place of entertainment with 
Alcohol. TTiat application was also denied. 

4. ResfxDndent conducted a background investigation and found the premises and the applicant suitable to hold 
an ABC permit. 

5. In accordance with procedure, Respondent forwarded the "001" (double-O-one) Form to the local 
government, which Ln this case was the Planning and Community Development Office in Goldsboro, North Carolina. 

6. Donnie R. Chatman, the Director of Planning and Community Development for Goldsboro, has been 
designated as the local government representative for receiving the 001 Form. 



868 



NORTH CAROLINA REGISTER 



August 15, 1995 



10:10 



CONTESTED CASE DECISIONS 



7. The Double-0-one Form was completed by Mr. Chatman's office in accordance with the Goldsboro local 
government which objected to the permit based upon local zoning. 

8. N.C. Gen. Stat. 18B-901(a) provides that all ABC permits shall be issued by the (ABC) Commission. 

9. N.C. Gen. Stat. 18B-901(d) provides that the Commission shall have the " sole power, in its discretion. " 
to determine the suitability and qualifications of an applicant for a permit. 

10. N. C. Gen. Stat. 18B-901 provides in pertinent part the following: 

Before issuing a permit... the Commission may consider... the zoning 
laws. 

11. Mr. Chatman testified that Players is a "place of entertainment" and can not be located in the Central 
Business District (CBD) without a Special Use Permit. 

12. The pertinent section of the Goldsboro zoning regulations provides that commercial clubs, cabarets, taverns, 
and places of entertainment, may not be located in the CBD if they are within 500 feet of a residence, church, or school. 
Additionally, no such establishment may be located within 300 feet of any other similar establishment. 

13. The location of Players is 420 feet from a residence to the north, 235 feet from a residence to the northeast, 
180 feet from a residence to the east, and 175 feet from a residence to the southwest. 

14. Players is 420 feet from a church to the southwest and there is another ABC location 250 feet to the 
southeast. 

15. In comparison, N.C. Gen. Stat. 18B-901(c)(5) provides that the ABC Commission may take into 
consideration whether an establishment is within 50 feet of a church or school. 

16. Mr. Chatman also testified that there are some ABC locations in the Central Business District which were 
grandfathered in at the time the zoning laws were passed. 

17. Petitioner testified that not a single place of entertainment has been approved by the Town of Goldsboro 
since the zoning laws were passed. Mr. Chatman testified that the zoning laws were passed in response to a problem in 
the CBD where numerous bars had operated, causing noise, traffic problems and other undesirable impacts on the CBD. 

18. Mr. Chatman also testified that restaurants with ABC permits have been opened in the CBD because, as 
a restaurant, they are not considered places of entertainment. 

Based up)on the above Findings of Fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1. The location of the Petitioner's establishment clearly falls outside of the allowed distances as they are 
enumerated in the present zoning laws of Goldsboro. 

2. N. C. Gen. Stat. 18B-901 provides that the ABC Commission may consider the local zoning ordinances 
in making its decision whether or not to grant an ABC permit. 

A similar situation arose in the case of the A pplication of Melkonian . 355 S.E. 2d, 85 N.C. App 351 (1987). In 
that case, Melkonian applied for an on-premises beer permit from the ABC Commission and for a Special Exception Use 
Permit fixam the Town of Havelock. After the Town of Havelock denied the SEU permit, the ABC Commission denied the 
ABC jjermit because of the local government objection. 

Melkonian appealed the ABC Commission's denial and, after a hearing, the Commission issued the jjermit. 

The City of Havelock appealed to Superior Court which ordered the City of Havelock to issue the SEU permit. 



10:10 NORTH CAROLINA REGISTER August 15, 1995 869 



CONTESTED CASE DECISIONS 



finding that Melkonian was entitled to that j>ennit since the ABC Commission had granted him the ABC pwrmit. 

The North Carolina Court of Appeals upheld the trial court's finding that local ordinances are preempted by State 
law when those ordinances are not consistent with State law. An ordinance is not consistent with State law when: 

a. The ordinances makes unlawful an act which is lawful under State law, 

b. The ordinance makes lawful an act which is unlawful under State law, 

c. The ordinances regulates a subject the municipality is forbidden to regulate under State law, or 

d. The ordinances regulates a subject which State law clearly and completely regulates. 

The Court of Appeals found that G. S. 188-100 indicated that, " Except as provided in this Chapter, local ordinances 
establishing different rules on the ...sale. ..or other use of alcoholic beverages, or requiring additional permits or fees, are 
prohibited. " 

The Court found that the General Assembly clearly intended to delegate regulation of alcoholic beverages to the ABC 
Commission and, further, provided for the procedure for issuance of p>ermits in G.S. 18B-901. 

G.S. 18B-901, the Court noted, provides that The Commission shall have the sole power, in its discretion, to 
determine the suitability and qualifications of an applicant for a permit. 

The question in the case sub judice is whether or not the City of Goldsboro is attempting to regulate the sale of 
alcoholic beverages through the enactment of its current zoning laws. A review of the statute and the ordinance at issue show 
that the State Statute requires 50 feet as the desirable distance from a church or school. The ordinance requires 500 feet 
from a church or residence and 300 feet from another bar. 

The Respondent argues that since Goldsboro has (jermitted both restaurants and convenience stores to op>erate in the 
CBD with an ABC f)ermit, Goldsboro is not regulating the sale of alcohol but is. rather, regulating "places of entertainment. " 
In fact, the City denied Petitioner's initial application for a teen club permit which did not involve the sale of alcohol. 

The Respondent ABC Commission argues that it is not their intent to challenge local zoning laws where those zoning 
laws regulate something other than the sale of alcohol. 

The City argues that since it allows restaurants and convenience stores, it has shown that it is not attempting to 
regulate the sale of alcohol but only "places of entertainment. " 

If Goldsboro's zoning ordinance directly or indirectly regulates the sale of alcoholic beverages, that ordinance, as 
in Melkonian , would be in conflict with State law and the delegation of that regulation from the General Assembly to the 
ABC Commission. 

Since the City of Goldbsoro's CBD has numerous churches, there is in effect no location in the CBD which would 
be more than 500 feet from a church. This ordinance, therefore, has effectively shut out the possibility of a bar op>ening 
in the CBD. 

While it is uncontested that Goldsboro allows convenience stores and restaurants, the City does not allow bars (or 
places of entertainment). Therefore, the City is not regulating all alcohol establishments, but only some alcohol 
establishment. 

While Goldsboro may be very well intentioned in its regulation of bars in the CBD. it has not registered an objection 
to the Commission based on there being too many bars and too much traffic, noise, etc. It has effectively provided zoning 
laws which will keep bars out of the CBD without having to confer with the ABC Commission. It has, thus, regulated the 
sale of alcohol in a bar in the CBD of Goldsboro. 

3. Without attempting to rule on Goldsboro's zoning law, it is the undersigned's opinion that the Respondent 

has considered the local zoning ordinances as it may do by statute. 



870 NORTH CAROLINA REGISTER August 15, 1995 10:10 



CONTESTED CASE DECISIONS 



Having considered those ordinances, it is concluded that the Respondent ABC Commission should have issued the 
on-premises beer permit to the Petitioner. 

Based upon the above Conclusions of Law, the undersigned makes the following: 

RECOMMENDATION 

That the Respondent issue the on-premises beer permit for which the Petitioner applied. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, P.O. 
Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy 
to the parties' attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the N.C. ABC Commission. 

This the 1st day of August, 1995. 



Dolores O. Nesnow 
Administrative Law Judge 



10:10 NORTH CAROLINA REGISTER August 15, 1995 871 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF MECKLENBURG 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

95DST0404 



TAMMY EVONNE ASHCROFT BROWN, 
Petitioner, 



BOARD OF TRUSTEES OF THE 
LOCAL GOVERNMENTAL EMPLOYEES' 
RETIREMENT SYSTEM, 
Respondent. 



RECOMMENDED DEOSION 
ORDER GRANTING MOTION 
FOR SUMMARY JUDGMENT 



THIS MATTER came on to be heard by the undersigned administrative law judge upon Respondent's Motion to 
Dismiss the Petitioner's petition for contested case hearing pursuant to G.S. lA-1, Rules 12(b)(1), (2), (4), (5), and (6) of 
the North Carolina Rules of Civil Procedure; in the alternative, Respondent moves for summary judgment pursuant to G.S. 
lA-1, Rule 56 of the North Carolina Rules of Civil Procedure. The Petitioner filed a response also moving for summary 
judgment. The caption of this proceeding is amended ex mero motu to reflect the proper name of the Respondent. 



APPEARANCES 



Petitioner: 
Respondent: 



Pro Se. 



Robert M. Curran 
Assistant Attorney General 
N.C. Department of Justice 
P. O. Box 629 
Raleigh, NC 27602-0629 



ISSUES 



1. Should the petition for contested case hearing ("jjetition'') be dismissed for lack of subject matter jurisdiction 

pursuant to G.S. lA-1, Rule 12(b)(1)? 



12(b)(2)? 



2. Should the petition be dismissed for lack of jurisdiction over the person pursuant to G.S. lA-1, Rule 

3. Should the petition be dismissed for insufficiency of process pursuant to G.S. lA-1, Rule 12(b)(4)? 

4. Should the petition be dismissed for insufficiency of service of process pursuant to G.S. lA-1, Rule 

12(b)(5)? 

5. Should the petition be dismissed for failure to state a claim upon which relief can be granted pursuant to 
G.S. lA-1, Rule 12(b)(6)? 

6. Is the Petitioner entitled to a return of contributions from the Local Governmental Employees' Retirement 
System as a beneficiary of Stanley T. Brown, deceased member? 



After consideration of the pleadings, the law and the written submissions of the parties, the undersigned finds the 



following: 



UNCONTROVERTED FACTS 



872 



NORTH CAROLINA REGISTER 



August 15, 1995 



10:10 



CONTESTED CASE DECISIONS 



1. The Petitioner was married to Stanley T. Brown who was a member of the Local Governmental Employees' 
Retirement System until his death on Sunday, October 23, 1994. He was 30 years old at the time of his death. 

2. On Thursday, October 20, 1994, Mr. Brown signed a Change of Beneficiary Form changing the beneficiary 
for his Return of Contributions to his wife. The Petitioner states that the form was notarized by an employee from the 
personnel office of the City of Charlotte with whom the member was employed. The form is properly notarized. 

3. The Petitioner mailed the Change of Beneficiary Form by overnight mail to the Resjxindent agency; 
however, it was not received and filed by the Respondent until Monday, October 24, 1994. 

4. On January 20, 1995, the Respondent advised the Petitioner that she was the designated beneficiary of the 
Return of Contributions and requested that she provide the office with a certified death certificate. 

5. On February 10, 1995, the Respondent notified the Petitioner that it had made a mistake in stating she was 
the beneficiary because the Change of Beneficiary Form was received after the date of the death of the member. 

6. On February 16, 1995, after further inquiry by the Petitioner, through counsel, the Respondent notified 
the Petitioner again and restated its final position to be that, although the Change of Beneficiary Form was duly acknowl- 
edged, it was not filed with the Board of Trustees at the time of Mr. Brown's death. 

7. In the February 16, 1995 letter, the Respondent further stated: 

This is our final agency decision in this matter. Should Ms. Tammy Brown be aggrieved 
by this decision and desire to appeal, a petition for a contested case hearing should be 
filed with the Office of Administrative Hearings within sixty (60) days of the date of this 
letter. You or Ms. Brown should contact the Office of Administrative Hearings at Post 
Office Drawer 27447, Raleigh, North Carolina 27611-7447 for the proper filing 
procedures. 

8. On April 1, 1995, the Petitioner who was representing herself mailed a detailed handwritten letter to "J. 
Marshall Barnes III, Office of Administrative Hearings, P.O. Box 27447, Raleigh, NC 27611-7447" and she asked that the 
letter stand as a p>etition for an apf>eal. 

9. On April 10, 1995, the Deputy Clerk of the Office of Administrative Hearings wrote a letter to the 
Petitioner stating that the Clerk's office received the letter on April 5, 1995 but could not determine whether or not the letter 
constituted a petition. A Form H-06, "Petition For A Contested Case Hearing," with instructions for the Form H-06 Petition 
and the Certificate of Service were mailed to Petitioner by the Deputy Clerk. 

10. The instructions provided by the Clerk's Office of the Office of Administrative Hearings ("OAH") for the 
completion of the certificate of service on the Form H-06 state the following: 

You must mail or deliver a copy of your completed petition to the state agency involved 
and complete the certificate of service section on your petition, entering the name of the 
person to whom you mailed or delivered the petition on line (1 1), the name of the state 
agency involved on line (12), the address of the state agency on line (13), the date on line 
(14) and sign your name on line (15). 

11. On April 17, 1995, the Petitioner filed a completed Form H-06 Petition for A Contested Case Hearing and 
attached to the petition copies of the letters referred to in the preceding findings of fact. The petition was filed and accepted 
by OAH. 

12. As shown on the Form H-06 Petition filed by the Petitioner, lines 11-13 are filled out in the following 
manner: "Served on (11) J. Marshall Barnes III (12) Office of Administrative Hearings (13) Post Office Drawer 27447 
Raleigh NC 27611-7447." The petition is signed and dated. 

13. No registered agent is listed in the Respondent's rules as a designated person to receive service of process. 
Under the Retirement Systems Divisional Rules, the rule- making procedures provides an address for correspondence 



10:10 NORTH CAROLINA REGISTER August 15, 1995 873 



CONTESTED CASE DECISIONS 



regarding rule-making; however, there is no address under contested case procedures. 20 NCAC 2A .0201 & 2A .0400; 
20 NCAC IF .0300. 

14. J. Marshall Barnes, HI is the Deputy Director of the Retirement Systems Division of the Department of m 
State Treasurer. His address is 325 North Salisbury Street, Raleigh, NC 27603-1385. ^ 

15. On April 27, 1995, the Chief Hearings Clerk of the Office of Administrative Hearings notified the 
Respondent by Notice of Contested Case and Assignment that a petition for a contested case hearing had been filed and 
accepted. 

16. The Notice of Contested Case and Assignment was mailed to the counsel for the Respondent, Robert M. 
Curran, Associate Attorney General, on April 27, 1995. Official notice is taken pursuant to G.S. 150B-30 and 26 NCAC 
3 .0121(5) of the fact that the N.C. Department of Justice ("Attorney General's Office") notified the Chief Hearings Clerk 
of the Office of Administrative Hearings by letter filed December 21, 1994 that all Notices of Contested Case and 
Assignment, Orders for Prehearing Statements, or related documents involving the Respondent agency were to be sent 
directly to Robert M. Curran who was to assume primary responsibility for this agency in the Office of Administrative 
Hearings. 

17. On May 30, 1995, the Respondent filed a Motion to Dismiss Or, In the Alternative, Motion for Summary 
Judgment based upon Rule 12(b) procedural grounds or for any lawful reason or ground which may pertain to this appeal. 
Petitioner responded on June 12, 1995 and also moved for summary judgment. 

Based upon the foregoing Uncontroverted Facts, the undersigned makes the following: 

CONCLUSIONS OF LAW 

I. RULE 12(B)(6) MOTION CONVERTED TO SUMMARY JUDGMENT 

Respondent's motion for dismissal based upon a failure to state a claim is converted into a motion for summary J 

judgment pursuant to G.S. 1 A-1, Rule 12(b). There are no genuine issues of material fact and therefore, summary judgment ' 

is proper. 

n. SUBJECT MATTER JURISDICTION: Rule 12(b)(1) 

The Office of Administrative Hearings has subject matter jurisdiction over this contested case. The Respondent 
agency is not exempt from the Administrative Procedures Act, Chapter 150B of the North Carolina General Statutes. G.S. 
150B-l(e). Respondent's own rules require that contested cases involving the Department of State Treasurer shall be held 
in accordance with G.S. 150B. 20 NCAC IF .0301; 20 NCAC 2A .0103. The aggrieved person may try to informally 
resolve a complaint with the appropriate persons within the agency. 20 NCAC 2A .0401. In this case, after failing to 
informally resolve her complaint, the Petitioner prop>erly filed her petition. Petitioner is an "aggrieved person" in that she 
has commenced this contested case to resolve a dispute she has with the Respondent agency over whether or not she has been 
erroneously denied her husband's Return of Contributions pursuant to G.S. 128-27(f). G.S. 150B-2(6); G.S. 150B-22. 

m. SUFFICIENCY OF PROCESS: Rule 12(b)(4) 

Pursuant to G.S. 150B-23(a), a petitioner is required to file a certificate of service with the jjetition. Petitioner has 
properly filed a certificate of service with the Office of Administrative Hearings and therefore, has sufficiently completed 
the process anticipated by G.S. lA-1, Rule 12(l3)(4) and G.S. 150B-23(a). 

rV. SUFTICIENCY OF SERVICE OF PROCESS: Rule 12(b)(5) and 
ADEQUACY OF NOTICE OF PROCEDURE: G.S. 1508-23(0 

Pursuant to G.S. 150B-23(a), a petitioner is required to serve a copy of the petition on all parties. Pursuant to G.S. d 

lA-1, Rule 4(i)(4), service of process on a state agency in order to assert grounds for personal jurisdiction requires serving ^ 

the process agent appwinted by the agency. The name of the process agent must be filed with the Attorney General's Office. 
If no process agent is designated, then service upon the agency is made by serving the Attorney General's Office. Petitioner 

874 NORTH CAROLINA REGISTER August 15, 1995 10:10 



CONTESTED CASE DECISIONS 



has insufficiently "served" the Respondent as anticipated by G.S. lA-1, Rule 12(b)(5) and G.S. 150B-23(a) in that she did 
not mail a copy of her petition to the proper address for the Respondent agency. 

However, the agency decision letter dated February 16, 1995 does not provide an instruction to the Petitioner 
regarding on whom she is to serve a petition; it only advises her to contact OAH for filing procedures. G.S. 150B-23(f) 
states that when notice is given of an agency decision, the notice "shall be in writing, and shall set forth the agency action, 
and shall inform the persons of the right, the procedure, and the time limit to file a contested case petition. " (Emphasis 
added.) 

The Petitioner should not have to "take the bitter with the sweet." Cleveland Bd. of Educ. v^ Loudermill . 470 U.S. 
532, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985), on remand 651 F.Supp. 92 (N.D.Ohio 1986), judgment affirmed 844 F.2d 
304 (6th Cir.1988), cert.denied 488 U.S. 946, 109 S.Ct. 377, 102 L.Ed. 2d 365 (1988) (rejecting Amett v^ Kennedy . 416 
U.S. 134, 154, 94 S.Ct. 1633, 40 L.Ed. 2d 15 (1974), rehearing denied, 417 U.S. 977, 94 S.Ct. 3187, 41 L.Ed. 2d 1148 
(1974)). In other words, if she is given the opportunity for a hearing, the Petitioner should not be harmed by the procedure. 

The process due under the Constitution is a flexible concept. No singe model of procedural 
fairness, let alone particular form of procedure, is dictated by the due process clause. "[T]he Constitution 
does require procedure at that level which is appropriate to the nature of the case. " And it allows the 
procedures to be tailored to fit the realities of the situation. "The process that is due varies according to 
the nature of the right and to the type of proceeding. " 

Therefore, the fundamental fairness of a particular procedure does not turn on the result obtained 
in any individual case but the risk of error inherent Ln the process as applied to the generality of cases. 
The due process clause cannot mandate an error-free decision-making process. 

The fact that a procedure is followed in many similar processes is not conclusive but it is worth 
considering. 

Koch and Wright, Administrative Law and Practice Sec. 7.22[1] (Supp. 1995) (citations omitted). 

Most opinions addressing the procedures necessary to protect a specific interest apply the three part balancing test 
of Matthews v. Eldridge . 424 U.S. 319, 96 S.Ct. 893, 47 L.Ed. 2d 18 (1976). That test requires that the private interest 
be weighed against the probable value or burden of additional procedure and the government's interest. Id^ at 335. See also . 
Henry v^ Edmisten . 315 N.C. 474, 340 S.E.2d 720 (1986) (After applying the balancing test, the court recognized the 
subjectivity that goes into this analysis; however, the law of the land analysis under the North Carolina Constitution "does 
not afford less procedural protection than that afforded by due process." Id^ at 495. fh. 5). 

In this case, the Petitioner potentially suffers a substantial loss of her husband's contributions to the retirement 
system. The Res|X)ndent has no loss in this situation because it is merely the holder of those funds. 

Also the Petitioner's interest in having a fair opp>ortunity to be heard regarding her dispute with the agency, i.e., 
to "have her day in court," should not be outweighed by the government's interest in disposing of or finali2iag disputes with 
private citizens by procedural dismissals. There "'is an appreciable risk, if not a substantial risk, of an erroneous 
deprivation'" of Petitioner's right to appeal if she is not informed on whom she must serve the petition. Supra at 485. 
"Adequate notice" means that the person must be adequately informed of their procedural rights and how to exercise them. 
Koch and Wright. Administrative Law and Practice. Sec. 5.3-' 6-| (Supp. 1995) (citations omitted). 

The burden of additional procedure to the government is minimal when all that is necessary is for the agency to add 
a sentence to its final agency decision document which provides the name and address of the person designated within the 
agency on whom the jjetition is to be served. Other agencies routinely do this. Thus the notice provided to the Petitioner 
must be strictly scrutinized in order to assure a fair opportunity for a hearing. 

In conclusion on this issue, the jjetition should not be dismissed pursuant to G.S. lA-1, Rule 12(b)(5) for insuffi- 
ciency of service of process because, although the Respondent gave the Petitioner an opf)ortunity for a hearing regarding this 
dispute, it did not provide adequate notice of the minimum procedural requirements in order to perfect her appeal as required 
by G.S. 150B-23(f). 

V. PERSONAL JURISDICTION: Rule 12(b)(2) 



10:10 NORTH CAROLINA REGISTER August 15, 1995 875 



CONTESTED CASE DECISIONS 



"Bringing parties into court by process is not the only way courts acquire jurisdiction over them. " Blackwell v^ 
Massev. 69 N.C.App. 240, 316 S.E.2d 350 (1984) (discussing the concept of "general appearance" pursuant to G.S. 1- 
75.7(1)). Within ten days after a petition is filed, the Chief Hearings Clerk at OAH is required to notify the respondent state 
agency that a petition for a contested case hearing has been filed and accepted. 26 NCAC 3 .0103(b). Although the issuance 
of a civU summons which is used in district and superior courts is not procedurally required by OAH, the similarities between 
a civil summons and the Notice of Contested Case Filing and Assignment must be noted. 

A civil summons is issued in the name of the State and signed by the clerk of the court. It gives the name of the 
case and the name of the county and the court where the action is commenced; it notifies the defendant in the action to appear 
in court within 30 days. G.S. lA-1, Rule 4(b). The summons is served by the Sheriffs department or someone duly 
authorized to serve and a copy of the complaint is served with the summons. G.S. lA-1, Rule 4(a). Proof of service is 
required. G.S. lA-1, Rule 402). 

A Notice of Contested Case and Assignment is a document issued by the Clerk's Office at OAH and is signed by 
the clerk. It contains the caption of the case, date of filing, the assigned judge, and a request that the party send within 30 
days a copy of the document constituting agency action. 26 NCAC 3 .0103(b). Noticeable distinctions are that a copy of 
the petition is not served with the notice and proof of service is not required. The primary similarity is that both the civil 
summons and the Notice of Contested Case notify the named defendant or respondent that an action has been commenced 
against it. 

Because the Respondent agency has no rule designating a process agent for service of process of civil actions or 
of contested cases, because the Attorney General's Office has notified OAH that Robert M. Curran is designated as the 
Respondent's agent for service of the Notice of Contested Case and other related documents, and because the Respondent's 
agent has been served with the Notice of Contested Case, it is concluded that the Office of Administrative Hearings has 
personal jurisdiction over the Resf>ondent agency. 

VI. SUMMARY JUDGMENT: Rule 56 

G.S. 128-27(f) states that: 

"Upon receipt of proof satisfactory to the Board of Trustees of the death, prior to 
retirement, of a member or former member there shall be paid to such person or persons 
as he shall have nominated by written designation duly acknowledged and filed with the 
Board of Trustees, . . . the amount of his accumulated contributions at the time of his 
death. . . . 

A clear reading of this provision indicates that the Board shall pay to the beneficiaiy designated on the filed beneficiary form 
the accumulated contributions upon receipt of proof of the death. No monies are to be paid out imtil the Board receives a 
satisfactory proof of death; then the monies are to be paid to whomever is designated on the filed form. This statutory 
language does not state that a written form designating a beneficiary must be filed with the Board of Trustees prior to the 
time of the member's death; however, the Respondent has so interpreted this provision. See, Stewart v^ Bd. of Trustees 
of the Teachers' and State Employees' Retirement System . 94 DST 0045 (1994) (final agency decision rejects part of 
recommended decision 
interpreting similar statute). 

Prior to retirement, a member of the Local Governmental Employees' Retirement System has the right at any time 
to change any beneficiaries designated. "Any such change must be submitted to the board of trustees, using the appropriate 
form." 20 NCAC 2C .0306. The Respondent's rules do not require that the change in beneficiary form be filed prior to 
the time of death. 

In this case, the deceased member prior to his death and prior to his retirement properly nominated and duly 
acknowledged, on the appropriate form, a change of beneficiary for his return of retirement contributions. The Change of 
Beneficiary form was received by the Respondent the day following the date of death and prior to the receipt of proof of 
death. The receipt of the change of beneficiaty form was not invalid because the member died after the form was completed 
and mailed but before it was filed. 

G.S. 128-28(g) provides; "The Board of Trustees shall also, from time to time, in its discretion, adopt rules and 
regulations to prevent injustices and inequalities which might otherwise arise in the administration of this Chapter. " Thus, 



876 NORTH CAROUNA REGISTER August 15, 1995 10:10 



CONTESTED CASE DECISIONS 



the Board has the inherent authority to honor the clear intent of deceased member, Stanley T. Brown, to leave his 
contributions to his wife. 

A common sense approach should be considered in this case as was done in Puerto Rico Sun Oil v^ EPA . 8 F.3d 
73, 77 (1st Cir. 1993): 

Agencies . . . are normally entitled to substantial deference so long as their decisions do 
not collide directly with substantive statutory commands and so long as procedural 
comers are squarely turned. This deference is especially marked in technical areas. But 
in the end an agency decision must also be rational - technically speaking, it must not be 
"arbitrary or capricious," . . . The requirement is not very hard to meet, but it has not 
been met here. 

The Respondent acted erroneously and capriciously, thus depriving the Petitioner of her husband's return of contributions 
as required by G.S. 128-27(0- 

Based upon the foregoing Uncontroverted Findings of Fact and Conclusions of Law, the undersigned makes the 
following: 

RECOMMENDED DECISION 

It is recommended that the Respondent's Motion to Dismiss and in the Alternative, Motion for Summary Judgment 
be and is hereby DENIED. It is recommended that the Petitioner's Motion for Summary Judgment be and is hereby 
GRANTED. FURTHER, it is recommended that the Respondent pay deceased member, Stanley T. Brown's accumulated 
retirement contributions to the Petitioner as his properly designated beneficiary. FURTHER, it is recommended that the 
Board of Trustees consider drafting a rule or rules to address this issue pursuant to G.S. 128-28(g). 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, P. 
O. Drawer 27447, Raleigh, NC 27611-7447, in accordance with G.S. 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 150B-36(a). The agency is required by G.S. 1508-36(1)) to serve a copy of the final decision on all parties 
and to furnish a copy to the parties' attorney of record and to the Office of Administrative Hearings . The agency that will 
make the final decision in this contested case is the Board of Trustees of the Local Governmental Employees' Retirement 
System. 

This the 27th day of July, 1995. 



Meg Scott Phipps 
Administrative Law Judge 



10:10 NORTH CAROLINA REGISTER August 15, 1995 877 



NORTH CAROUNA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



The North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles 
and chapters, are mandatory. The major subdivision of the NCA C is the title. Each major department in 
the North Carolina executive branch of government has been assigned a title number. Titles are further 
broken down into chapters which shall be numerical in order. The other two, subchapters and sections 
are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSEVG BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscap)e Architects 


26 


16 


Public Education 


T andscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Tjind Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Speech & 1 anguage Pathologists & Audiologists 


64 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the vainous occupational licensing boards. 



878 



NORTH CAROLINA REGISTER 



August 15, 1995 



10:10 



CUMULATIVE INDEX 





Agcacy/Rule Citatifm 


Proposed ia 
Register 


Proposed 

EfTectire 

Date 


Fiscal Note 


EffectiTe 
Date 


Otter Infoimatiea 


State 


iM-al 







ACUPUNCTURE LICENSING BOARD 



21 NCAC 01 


.0101 




10:02 NCR 


150 


07/01/95 




.0201 




10:07 NCR 


585 


10/01/95 




.0401 - 


.0402 


10:02 NCR 


150 


07/01/95 




.0501 




10:07 NCR 


585 


10/01/95 




.0701 




10:07 NCR 


585 


10/01/95 


AGRICULTURE 












2 NCAC 34 


.0904 




10:04 NCR 


228 


08/01/95 




.0904 




10:07 NCR 


430 


11/01/95 


ARCHITECTURE 










21 NCAC 02 


.0301 - 


.0302 


10:10 NCR 


829 


07/01/96 



08/01/95 
08/01/95 



N/A Renoticed in 10:7 



CERTIFIED PUBLIC ACCOUNTANT EXAMINERS 



21 NCAC 08F 


.0105 


10:04 NCR 


255 


08/01/95 




.0113 


10:04 NCR 


255 


08/01/95 


08G 


.0401 


10:04 NCR 


255 


08/01/95 


08J 


.0005 


10:04 NCR 


255 


08/01/95 




.0008 


10:04 NCR 


255 


08/01/95 


08M 


.0102 


10:04 NCR 


255 


08/01/95 




.0104 


10:04 NCR 


255 


08/01/95 




.0306 


10:04 NCR 


255 


08/01/95 




.0401 


10:04 NCR 


255 


08/01/95 


08N 


.0203 


10:04 NCR 


255 


08/01/95 




.0302 


10:04 NCR 


255 


08/01/95 




.0307 


10:04 NCR 


255 


08/01/95 


CHIROPRACTIC EXAMINERS 








21 NCAC 10 


.0203 


10:04 NCR 


261 


08/01/95 


COMMUNITY COLLEGES 








23 NCAC 02C 


.0108 


10:03 NCR 


208 


09/01/95 




.0210 


10:07 NCR 


587 


01/01/96 




.0211 


10:03 NCR 


208 


09/01/95 




.0301 


10:07 NCR 


587 


01/01/96 




.0306 


10:03 NCR 


208 


09/01/95 


02E 


.0403 


10:07 NCR 


587 


01/01/96 


COMMERCE 










4 NCAC 06C 


.0203 


10:05 NCR 


300 


09/01/95 


CORRECTION 










5 NCAC 05 


.0001 


10:01 NCR 


12 


07/01/95 



08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 

N/A 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 



08/01/95 



RRC Obj./Rule Withdrawn 



07/01/95 



CULTURAL RESOURCES 



7 NCAC 


02F 


.0002 




10:01 NCR 


12 


07/01/95 


iNVIRONl\ 


kIENI 


r, HEALTH, 


AND NATURAL RESOURCES 


15A NCAC 


02B 


.0101 
.0104 
.0202 
.0211 
.0301 




10:01 NCR 
10:01 NCR 
10:01 NCR 
10:01 NCR 
10:01 NCR 


13 
13 
13 
13 
13 








.0303 




10.08 NCR 


661 


11/01/95 






.0304 




10:04 NCR 


246 


01/01/96 






.0304 




10:05 NCR 


301 


11/01/95 






.0308 - 


.0310 


10:08 NCR 


661 


11/01/95 






.0308 




10:08 NCR 


661 


02/01/96 






.0315 - 


.0316 


10:08 NCR 


661 


11/01/95 






.0315 




10:08 NCR 


661 


02/01/96 



08/01/95 



Correction to Notice 
Correction to Notice 
Correction to Notice 
Correction to Notice 
Correction to Notice 



10:10 



NORTH CAROUNA REGISTER 



August 15, 1995 



879 



CUMULATIVE INDEX 





Propos«d in 


Proposed 


Fiscal PJote 


Effective 
Date 


Other lafoTBiatiaa 


Register 


Date 


SWe 


Lecal 





.0316 


10:04 NCR 


246 


01/01/96 








02D 


.0520 


10:01 NCR 


13 


07/01/95 


X 


X 






.0531 


10:01 NCR 


13 


07/01/95 


X 


X 


07/01/95 




.0902 


10:01 NCR 


13 


07/01/95 


X 


X 


07/01/95 




.0909 


10:01 NCR 


13 


07/01/95 


X 


X 


07/01/95 




.0952 


10:01 NCR 


13 


07/01/95 


X 


X 


07/01/95 




.1402 


10:01 NCR 


13 


07/01/95 


X 


X 


07/01/95 




.1406 


10:01 NCR 


13 


07/01/95 


X 


X 






.1409 


10:01 NCR 


13 


07/01/95 


X 


X 






.1701 - .1702 


10:01 NCR 


13 


07/01/95 


X 


X 






.1801 - .1803 


10:01 NCR 


13 


07/01/95 


X 


X 




NPDES Permit 




10:02 NCR 


56 










04A 


.0001 


10:07 NCR 


579 


10/01/95 










.0005 


10:07 NCR 


579 


10/01/95 








04B 


.0016 


10:07 NCR 


579 


10/01/95 










0020 


10:07 NCR 


579 


10/01/95 










.0028 


10:02 NCR 


149 


07/01/95 






08/01/95 




.0029 - .0030 


10:07 NCR 


579 


10/01/95 








04C 


.0007 - .0008 


10:07 NCR 


579 


10/01/95 










.0010 


10:07 NCR 


579 


10/01/95 








04D 


.0002 -.0003 


10:07 NCR 


579 


10/01/95 








07B 


.0101 


10:09 NCR 


751 


12/01/95 


X 


X 






.0201 - .0216 


10:09 NCR 


751 


12/01/95 


X 


X 






.0401 - .0406 


10:09 NCR 


751 


12/01/95 


X 


X 






.0501 - .0507 


10:09 NCR 


751 


12/01/95 


X 


X 




07H 


.0208 


10:03 NCR 


197 


12/01/95 










.0308 


10:09 NCR 


751 


12/01/95 










.0309- .0310 


10:09 NCR 


751 


02/01/96 










.1705 


10:09 NCR 


751 


12/01/95 










.2201 - .2202 


10:03 NCR 


204 


12/01/95 










.2203 


10:03 NCR 


204 


12/01/95 


X 








.2204 - .2205 


10:03 NCR 


204 


12/01/95 








07K 


.0103 


10:09 NCR 


751 


12/01/95 








lOB 


.0115 


10:06 NCR 


338 


10/01/95 










.0202 - .0203 


10:01 NCR 


26 


07/01/95 






07/01/95 




.0202 


10:04 NCR 


249 


08/01/95 










.0214 


10:01 NCR 


26 


07/01/95 






07/01/95 


IOC 


.0404 


10:06 NCR 


338 


12/01/95 










.0407 


10:06 NCR 


338 


12/01/95 








lOD 


.0002 - .0003 


10:01 NCR 


26 


07/01/95 






07/01/95 




.0003 


10:04 NCR 


250 


08/01/95 










.0003 


10:06 NCR 


338 


09.01/95 








lOF 


.0313 


10:06 NCR 


338 


10/01/95 










.0317 


10:01 NCR 


26 


07/01/95 






07/01/95 


Wildlife Proclamation/Striped Bass 


10:02 NCR 


57 


04/10/95 












10:03 NCR 


195 


04/15/95 








13B 


.0101 


10:06 NCR 


350 


10/01/95 










.0103 


10:06 NCR 


350 


10/01/95 










.0503 


10:06 NCR 


350 


10/01/95 










.0802 - 0829 


10:06 NCR 


350 


10/01/95 










.1627 


10:06 NCR 


350 


10/01/95 








16A 


.1001 


10:07 NCR 


582 


01/01/96 


X 








.1002- .1006 


10:07 NCR 


582 


01/01/96 








18A 


.2508 


10:06 NCR 


350 


01/01/96 










.2511 


10:06 NCR 


350 


01/01/96 










.2516- .2519 


10:06 NCR 


350 


01/01/96 










.2521 - .2524 


10:06 NCR 


350 


01/01/96 










.2526 


10:06 NCR 


350 


01/01/96 










.2528 - .2535 


10:06 NCR 


350 


01/01/96 










.2537 


10:06 NCR 


350 


01/01/96 










.2540 - .2543 


10:06 NCR 


350 


01/01/96 








I9A 


.0401 


10:06 NCR 


350 


10/01/95 










.0406 


10:06 NCR 


350 


10/01/95 









880 



NORTH CAROUNA REGISTER 



August 15, 1995 



10:10 



CUMULATIVE INDEX 



) 





Agewy/Rule Citatioa 


Rroposed ia 


Proposed 


Fiscal 








Mete 


EffectiTe 


Otfara- Infomatiea 


Register 








Date 


Date 


State 


Local 



) 







.0502 




10:06 NCR 


350 


10/01/95 






19C 


.0206 




10:05 NCR 


305 


10/01/95 


X 




19H 


.0702 




10:07 NCR 


582 


10/01/95 


X 




24A 


.0404 




10:06 NCR 


350 


10/01/95 


X 


nNAL DECISION LETTERS 










Voting RighU Act 






10:01 NCR 


02 














10:03 NCR 


194 














10:05 NCR 


298 














10:10 NCR 


825 






GOVERNOR'S EXECUTIVE ORDERS 








Number 72 








10:01 NCR 


01 






Number 73 








10:02 NCR 


54 






Number 74 








10:02 NCR 


54 






Number 75 








10:03 NCR 


191 






Number 76 








10:03 NCR 


191 






Number 77 








10:05 NCR 


297 






Number 78 








10:06 NCR 


336 






Number 79 








10:07 NCR 


427 






Number 80 








10:07 NCR 


427 






Number 81 








10:08 NCR 


639 






Number 82 








10:10 NCR 


823 






Number 83 








10:10 NCR 


823 






HUMAN RESOURCES 












10 NCAC 


03 D 


.1401 




10:08 NCR 


641 


11/01/95 






03H 


.0108 - 


.0109 


10:02 NCR 


58 


09/01/95 








.0206- 


.0220 


10:02 NCR 


58 


09/01/95 








.0306- 


.0318 


10:02 NCR 


58 


09/01/95 








.0407- 


.0409 


10:02 NCR 


58 


09/01/95 








.0505- 


.0507 


10:02 NCR 


58 


09/01/95 








.0510- 


.0517 


10:02 NCR 


58 


09/01/95 








.0605- 


.0609 


10:02 NCR 


58 


09/01/95 








.0705 - 


.0712 


10:02 NCR 


58 


09/01/95 








.0810- 


.0812 


10:02 NCR 


58 


09/01/95 








.0903 - 


.0911 


10:02 NCR 


58 


09/01/95 








.1003 - 


.1008 


10:02 NCR 


58 


09/01/95 








.1105- 


.1109 


10:02 NCR 


58 


09/01/95 








.1130- 


.1136 


10:02 NCR 


58 


09/01/95 








.1150- 


.1163 


10:02 NCR 


58 


09/01/95 








.1204- 


.1208 


10:02 NCR 


58 


09/01/95 








.1210 




10:02 NCR 


58 


09/01/95 








.1306- 


.1308 


10:02 NCR 


58 


09/01/95 








.1405- 


.1406 


10:02 NCR 


58 


09/01/95 








.1408- 


.1410 


10:02 NCR 


58 


09/01/95 








.1501 - 


.1503 


10:02 NCR 


58 


09/01/95 








.1612- 


.1613 


10:02 NCR 


58 


09/01/95 








.1703 - 


.1704 


10:02 NCR 


58 


09/01/95 








.1804- 


.1807 


10:02 NCR 


58 


09/01/95 








.2001 




10:02 NCR 


58 


09/01/95 








.2101 - 


.2110 


10:02 NCR 


58 


09/01/95 








.2201 - 


.2212 


10:02 NCR 


58 


09/01/95 








.2301 - 


.2308 


10:02 NCR 


58 


09/01/95 








.2401 - 


.2402 


10:02 NCR 


58 


09/01/95 








.2501 - 


.2506 


10:02 NCR 


58 


09/01/95 








.2601 - 


.2607 


10:02 NCR 


58 


09/01/95 








.2701 




10:02 NCR 


58 


09/01/95 








.2801 - 


.2802 


10:02 NCR 


58 


09/01/95 








.2901 - 


.2902 


10:02 NCR 


58 


09/01/95 








.3001 - 


.3005 


10:02 NCR 


58 


09/01/95 








.3011 - 


.3016 


10:02 NCR 


58 


09/01/95 








.3021 - 


.3032 


10:02 NCR 


58 


09/01/95 





03/06/95 
03/15/95 
03/27/95 
03/30/95 
04/03/95 
05/02/95 
05/23/95 
06/07/95 
06/13/95 
06/27/95 
07/27/95 
08/03/95 



10:10 



NORTH CAROUNA REGISTER 



August 15, 1995 



881 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Renter 


Proposed 

EffectiTe 

Date 


Fiscal 






Other Information 


Note 


EfTective 
Date 


State 


Local 



.3101 - .3104 


10:02 NCR 58 


09/01/95 


.3201 - .3202 


10:02 NCR 58 


09/01/95 


.3301 - .3302 


10:02 NCR 58 


09/01/95 


.3401 - .3404 


10:02 NCR 58 


09/01/95 


03L .0901 - .0907 


10:08 NCR 641 


02/01/96 


.1001 - .1007 


10:08 NCR 641 


02/01/96 


.1101 - .1112 


10:08 NCR 641 


02/01/96 


.1201 ■ .1202 


10:08 NCR 641 


02/01/96 


.1301 - .1303 


10:08 NCR 641 


02/01/96 


.1401 - .1402 


10:08 NCR 641 


02/01/96 


03M .0202 - .0205 


10:08 NCR 641 


02/01/96 


.0207 


10:08 NCR 641 


02/01/96 


14B .0501 - .0503 


10:07 NCR 430 


05/01/96 


.0505 - .0509 


10:07 NCR 430 


05/01/96 


14K .0101 - .0103 


10:07 NCR 430 


05/01/96 


.0201 - .0219 


10:07 NCR 430 


05/01/96 


.0301 -.0310 


10:07 NCR 430 


05/01/96 


.0312- .0315 


10:07 NCR 430 


05/01/96 


.0317- .0324 


10:07 NCR 430 


05/01/96 


.0326 - .0329 


10:07 NCR 430 


05/01/96 


.0333 - .0348 


10:07 NCR 430 


05/01/96 


.0350 - .0365 


10:07 NCR 430 


05/01/96 


.0401 - .0408 


10:07 NCR 430 


05/01/96 


14L .0101 - .0106 


10:07 NCR 430 


05/01/96 


.0201 - .0203 


10:07 NCR 430 


05/01/96 


.0301 - .0308 


10:07 NCR 430 


05/01/96 


.0310 


10:07 NCR 430 


05/01/96 


.0401 - .0407 


10:07 NCR 430 


05/01/96 


.0601 - .0606 


10:07 NCR 430 


05/01/96 


.0609 


10:07 NCR 430 


05/01/96 


.0611 - .0615 


10:07 NCR 430 


05/01/96 


.0701 - .0709 


10:07 NCR 430 


05/01/96 


.0711 - .0712 


10:07 NCR 430 


05/01/96 


14M .0101 -.0113 


10:07 NCR 430 


05/01/96 


.0501 - .0511 


10:07 NCR 430 


05/01/96 


.0601 - .0602 


10:07 NCR 430 


05/01/96 


.0604 


10:07 NCR 430 


05/01/96 


.0606 


10:07 NCR 430 


05/01/96 


.0608 - .0612 


10:07 NCR 430 


05/01/96 


.0614 - .0615 


10:07 NCR 430 


05/01/96 


.0617 - .0621 


10:07 NCR 430 


05/01/96 


.0701 - .0716 


10:07 NCR 430 


05/01/96 


14N .0101 - .0107 


10:07 NCR 430 


05/01/96 


.0201 - .0207 


10:07 NCR 430 


05/01/96 


.0301 - .0307 


10:07 NCR 430 


05/01/96 


.0401 - .0406 


10:07 NCR 430 


05/01/96 


.0501 - .0507 


10:07 NCR 430 


05/01/96 


.0701 


10:07 NCR 430 


05/01/96 


.0703 - .0705 


10:07 NCR 430 


05/01/96 


.0801 - .0811 


10:07 NCR 430 


05/01/96 


.0901 - .0905 


10:08 NCR 656 


05/01/96 


140 .0301 - .0314 


10:07 NCR 430 


05/01/96 


.0401 - .0409 


10:07 NCR 430 


05/01/96 


.0411 - .0416 


10:07 NCR 430 


05/01/96 


.0501 - .0505 


10:07 NCR 430 


05/01/96 


.0601 - .0609 


10:07 NCR 430 


05/01/96 


.0611 - .0615 


10:07 NCR 430 


05/01/96 


.0617- .0618 


10:07 NCR 430 


05/01/96 


.0701 - .0710 


10:07 NCR 430 


05/01/96 


14V .0101 - .0104 


10:07 NCR 430 


05/01/96 


.0201 - .0208 


10:07 NCR 430 


05/01/96 


.0301 - .0304 


10:07 NCR 430 


05/01/96 


.0401 - .0405 


10:07 NCR 430 


05/01/96 



882 



NORTH CAROLINA REGISTER 



August 15, 1995 



10:10 



CUMULATIVE INDEX 





|i|||S: AgeBcy/Riile Citation 


Proposed ia 


Proposed 
EfTecthre 


riirai Note 


Effedive 
Date 


Otho- Infonnatieii 


State 


Local 




Date 







.0501 - 


.0505 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0604 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0712 


10:07 NCR 


430 


05/01/96 


.0801 - 


.0805 


10:07 NCR 


430 


05/01/96 


.1101 - 


.1103 


10:07 NCR 


430 


05/01/96 


.1201 - 


.1203 


10:07 NCR 


430 


05/01/96 


.1301 - 


.1303 


10:07 NCR 


430 


05/01/96 


.1401 - 


.1403 


10:07 NCR 


430 


05/01/96 


.1501 - 


.1504 


10:07 NCR 


430 


05/01/96 


.2101 - 


.2104 


10:07 NCR 


430 


05/01/96 


.2201 - 


.2204 


10:07 NCR 


430 


05/01/96 


.2301 - 


.2306 


10:07 NCR 


430 


05/01/96 


.2401 - 


.2404 


10:07 NCR 


430 


05/01/96 


.2501 - 


.2505 


10:07 NCR 


430 


05/01/96 


.3101 - 


.3103 


10:07 NCR 


430 


05/01/96 


.3201 - 


.3203 


10:07 NCR 


430 


05/01/96 


.3301 - 


.3303 


10:07 NCR 


430 


05/01/96 


.3401 - 


.3403 


10:07 NCR 


430 


05/01/96 


.3501 - 


.3503 


10:07 NCR 


430 


05/01/96 


.3601 - 


.3604 


10:07 NCR 


430 


05/01/96 


.3701 - 


.3703 


10:07 NCR 


430 


05/01/96 


.3801 - 


.3803 


10:07 NCR 


430 


05/01/96 


.3901 - 


.3903 


10:07 NCR 


430 


05/01/96 


.4001 - 


.4003 


10:07 NCR 


430 


05/01/96 


.4101 - 


.4104 


10:07 NCR 


430 


05/01/96 


.5001 - 


.5002 


10:07 NCR 


430 


05/01/96 


.5101 - 


.5104 


10:07 NCR 


430 


05/01/96 


.5201 - 


.5204 


10.07 NCR 


430 


05/01/96 


.5301 - 


.5303 


10:07 NCR 


430 


05/01/96 


.5401 - 


.5403 


10:07 NCR 


430 


05/01/96 


.5501 - 


.5503 


10:07 NCR 


430 


05/01/96 


.5601 - 


.5603 


10:07 NCR 


430 


05/01/96 


.5701 - 


.5703 


10:07 NCR 


430 


05/01/96 


.5801 - 


.5804 


10:07 NCR 


430 


05/01/96 


.5901 - 


.5903 


10:07 NCR 


430 


05/01/96 


.6001 - 


.6003 


10:07 NCR 


430 


05/01/96 


.6101 - 


.6103 


10:07 NCR 


430 


05/01/96 


.6201 - 


.6202 


10:07 NCR 


430 


05/01/96 


.6301 - 


.6303 


10:07 NCR 


430 


05/01/96 


.6401 - 


.6403 


10:07 NCR 


430 


05/01/96 


.6501 - 


.6503 


10:07 NCR 


430 


05/01/96 


.6601 - 


.6603 


10:07 NCR 


430 


05/01/96 


.6701 - 


.6702 


10:07 NCR 


430 


05/01/96 


.6801 - 


.6802 


10:07 NCR 


430 


05/01/96 


.6901 - 


.6903 


10:07 NCR 


430 


05/01/96 


18A .0124 - 


.0128 


10:07 NCR 


430 


05/01/96 


.0130 




10:07 NCR 


430 


05/01/96 


.0132 - 


.0133 


10:07 NCR 


430 


05/01/96 


.0135 - 


.0136 


10:07 NCR 


430 


05/01/96 


181 .0114- 


.0120 


10:07 NCR 


430 


05/01/96 


18J .0110- 


.0119 


10:07 NCR 


430 


05/01/96 


.0212- 


.0213 


10:07 NCR 


430 


05/01/96 


.0304- 


.0311 


10:07 NCR 


430 


05/01/96 


.0507- 


.0511 


10:08 NCR 


656 


05/01/96 


.0601 - 


.0604 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0715 


10:07 NCR 


430 


05/01/96 


.0801 - 


.0805 


10:07 NCR 


430 


05/01/96 


.0803 




10:02 NCR 


118 


07/01/95 


18K .0109- 


.0116 


10:07 NCR 


430 


05/01/96 


.0262- 


.0263 


10:08 NCR 


656 


05/01/96 


18L .0107 - 


.0108 


10:07 NCR 


430 


05/01/96 


.0223 - 


.0224 


10:07 NCR 


430 


05/01/96 


.0331 - 


.0336 


10:07 NCR 


430 


05/01/96 



07/01/95 



10:10 



NORTH CAROLINA REGISTER 



August 15, 1995 



883 



CUMULATIVE INDEX 



Agaicy/Rale Citatioa 


Proposed in 
Register 


Proposed 

EfTectiTe 

Date 


Fiscal Note 








EfTectiTe 
Dote 


Other Informatioa 


Stale 


Local 





.0338 - 


.0339 


10:07 NCR 


430 


05/01/96 






.0428 - 


.0434 


10:07 NCR 


430 


05/01/96 






.0504 




10:07 NCR 


430 


05/01/96 






.0511 




10:07 NCR 


430 


05/01/96 






.0513 




10:07 NCR 


430 


05/01/96 






.0601 - 


.0607 


10:08 NCR 


656 


05/01/96 






.0701 - 


.0705 


10:07 NCR 


430 


05/01/96 






.0707 




10:07 NCR 


430 


05/01/96 






.0801 




10:07 NCR 


430 


05/01/96 






.0803 - 


.0809 


10:07 NCR 


430 


05/01/96 






.0901 - 


.0904 


10:07 NCR 


430 


05/01/96 






.1001 - 


.1006 


10:07 NCR 


430 


05/01/96 






.1101 - 


.1103 


10:07 NCR 


430 


05/01/96 






.1105- 


.1107 


10:07 NCR 


430 


05/01/96 






.1201 




10:07 NCR 


430 


05/01/96 






.1203 - 


.1206 


10:07 NCR 


430 


05/01/96 






.1301 - 


.1309 


10:07 NCR 


430 


05/01/96 






.1401 - 


.1403 


10:07 NCR 


430 


05/01/96 






.1501 - 


.1525 


10:07 NCR 


430 


05/01/96 




18M 


.0107 - 


.0110 


10:07 NCR 


430 


05/01/96 






.0206- 


.0213 


10:07 NCR 


430 


05/01/96 






.0304- 


.0307 


10:07 NCR 


430 


05/01/96 






.0406 - 


.0409 


10:07 NCR 


430 


05/01/96 






.0505- 


.0506 


10:07 NCR 


430 


05/01/96 






.0607- 


.0608 


10:07 NCR 


430 


05/01/96 






.0701 




10:07 NCR 


430 


05/01/96 






.0703 - 


.0706 


10:07 NCR 


430 


05/01/96 






.0708 - 


.0714 


10:07 NCR 


430 


05/01/96 






.0801 - 


.0803 


10:07 NCR 


430 


05/01/96 






.0817- 


.0819 


10:07 NCR 


430 


05/01/96 






.0824 - 


.0838 


10:07 NCR 


430 


05/01/96 






.0901 - 


.0908 


10:07 NCR 


430 


05/01/96 






.1001 - 


.1009 


10:07 NCR 


430 


05/01/96 






.1101 - 


.1106 


10:07 NCR 


430 


05/01/96 






.1203 - 


.1204 


10:07 NCR 


430 


05/01/96 






.1302- 


.1305 


10:07 NCR 


430 


05/01/96 






.1401 - 


.1403 


10:07 NCR 


430 


05/01/96 






.1405- 


.1410 


10:07 NCR 


430 


05/01/96 




18N 


.0105 - 


.0110 


10:07 NCR 


430 


05/01/96 






.0204- 


.0212 


10:07 NCR 


430 


05/01/96 






.0305 - 


.0306 


10:07 NCR 


430 


05/01/96 






.0601 - 


.0605 


10:08 NCR 


656 


05/01/96 






.0701 - 


.0709 


10:08 NCR 


656 


05/01/96 




180 


.0517 - 


.0524 


10:08 NCR 


656 


05/01/96 




18P 


.0901 - 


.0903 


10:07 NCR 


430 


05/01/96 






.1001 - 


.1004 


10:07 NCR 


430 


05/01/96 




18Q 


.0284 




10:07 NCR 


430 


05/01/96 






.0286- 


.0287 


10:07 NCR 


430 


05/01/96 






.0520 - 


.0521 


10:07 NCR 


430 


05/01/96 






.0538 - 


.0552 


10:07 NCR 


430 


05/01/96 




26B 


.0110 




10:08 NCR 


660 


10/01/95 






.0124 




10:02 NCR 


118 


07/01/95 X 


07/01/95 


26H 


.0302 




10:04 NCR 


228 


08/01/95 X 


08/01/95 




.0304- 


.0305 


10:04 NCR 


228 


08/01/95 X 


08/01/95 




.0308 - 


.0309 


10:04 NCR 


228 


08/01/95 X 


08/01/95 


26H 


.0213 




10:02 NCR 


118 


07/01/95 


07/01/95 


261 


.0101 - 


.0107 


10:10 NCR 


826 


11/01/95 




39D 


.0302 - 


.0303 


10:09 NCR 


722 


11/01/95 




41F 


.0706 




10:03 NCR 


196 


08/01/95 


08/01/95 




.0812 




10:03 NCR 


196 


08/01/95 


08/01/95 


42H 


.0911 




10:09 NCR 


722 


12/01/95 




42W 


.0001 - 


.0002 


10:10 NCR 


828 


11/01/95 





884 



NORTH CAROUNA REGISTER 



August 15, 1995 



10:10 



CUMULATIVE INDEX 



Ageacy/Rule Citation 



Proposed ia 
Register 



Froposed 

EfTectiTe 

Date 



Fiscal Note 



State Local 



EfFediTe 
Date 



OAer Inforaatiai 



INSURANCE 



11 NCAC 06A 


.0812 




10:04 NCR 


246 


08/01/95 


JUSTICE 












12 NCAC 04E 


.0104 




10:07 NCR 


573 


10/01/95 


07D 


.0201 




10:07 NCR 


575 


10/01/95 




.0301 




10:07 NCR 


575 


10/01/95 




.0401 




10:07 NCR 


575 


10/01/95 




.0701 




10:07 NCR 


575 


10/01/95 




.0706 




10:07 NCR 


575 


10/01/95 




.0801 




10:07 NCR 


575 


10/01/95 




.0806 




10:07 NCR 


575 


10/01/95 




.0902 




10:07 NCR 


575 


10/01/95 




.0904 




10:07 NCR 


575 


10/01/95 


09A 


.0204 




10:02 NCR 


122 


08/01/95 


09B 


.0113 




10:02 NCR 


122 


08/01/95 




.0201 - 


.0202 


10:02 NCR 


122 


08/01/95 




.0205 




10:02 NCR 


122 


08/01/95 




.0206 




10:02 NCR 


122 


08/01/95 




.0210 




10:02 NCR 


122 


08/01/95 




.0212- 


.0214 


10:02 NCR 


122 


08/01/95 




.0226- 


.0228 


10:02 NCR 


122 


08/01/95 




.0232- 


.0233 


10:02 NCR 


122 


08/01/95 


09C 


.0401 




10:02 NCR 


122 


08/01/95 




.0601 




10:02 NCR 


122 


08/01/95 


09D 


.0102 




10:02 NCR 


122 


08/01/95 




.0104- 


.0106 


10:02 NCR 


122 


08/01/95 


lOB 


.0102- 


.0103 


10:09 NCR 


723 


01/01/96 




.0105 




10:09 NCR 


723 


01/01/96 




.0204 




10:09 NCR 


723 


01/01/96 




.0301 




10:09 NCR 


723 


01/01/96 




.0304 




10:09 NCR 


723 


01/01/96 




.0307 




10:09 NCR 


723 


01/01/96 




.0401 - 


.0403 


10:09 NCR 


723 


01/01/96 




.0405 




10:09 NCR 


723 


01/01/96 




.0407- 


.0409 


10:09 NCR 


723 


01/01/96 




.0502- 


.0503 


10:09 NCR 


723 


01/01/96 




.0505 




10:09 NCR 


723 


01/01/96 




.0601 - 


.0607 


10:09 NCR 


723 


01/01/96 




.0702- 


.0706 


10:09 NCR 


723 


01/01/96 




.0801 - 


.0803 


10:09 NCR 


723 


01/01/96 




.0901 




10:09 NCR 


723 


01/01/96 




.0903- 


.0906 


10:09 NCR 


723 


01/01/96 




.0908- 


.0912 


10:09 NCR 


723 


01/01/96 




.1004- 


.1005 


10:09 NCR 


723 


01/01/96 




.1201 - 


.1205 


10:09 NCR 


723 


01/01/96 


11 


.0210 




10:05 NCR 


301 


09/01/95 


LABOR 












13 NCAC 






10:01 NCR 


10 


01/01/96 








10:01 NCR 


12 


01/01/96 








10:02 NCR 


149 


10/01/95 








10:02 NCR 


149 


01/01/96 








10:02 NCR 


149 


01/01/96 








10:02 NCR 


149 


02/01/96 








10.03 NCR 


196 


01/01/96 








10:03 NCR 


197 


01/01/96 


12 


.0101 




10:02 NCR 


142 


08/01/95 




.0303 - 


.0315 


10:02 NCR 


142 


08/01/95 




.0501 - 


.0502 


10:02 NCR 


142 


08/01/95 




.0803 - 


.0808 


10:02 NCR 


142 


08/01/95 



08/01/95 



08/01/95 
08/01/95 
01/01/96 

08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 



Notice 
Notice 
Notice 
Notice 
Notice 
Notice 
Notice 
Notice 



on Subject 
on Subject 
on Subject 
on Subject 
on Subject 
on Subject 
on Subject 
on Subject 



Matter 
Matter 
Matter 
Matter 
Matter 
Matter 
Matter 
Matter 



10:10 



NORTH CAROLINA REGISTER 



August 15, 1995 



885 



CUMULATIVE INDEX 





Ageocy/R^ CitatioB 


Proposed in 
Register 


Proposed 

EffectiTe 

Date 


Fiscal Note 


EffectiTe 
Date 


Other loformatioa 


Stale 


Local 



LIST OF RULES CODIFIED 









10:02 NCR 


167 










10:04 NCR 


272 










10:06 NCR 


392 










10:09 NCR 


783 










10:10 NCR 


000 




MEDICAL EXAMINERS 








21 NCAC 32B 


.0901 - 


.0902 


10:10 NCR 


831 


11/01/95 


32F 


.0003 




10:10 NCR 


831 


11/01/95 


32H 


.0102 




10:02 NCR 


151 


07/01/96 




.0201 




10:02 NCR 


151 


07/01/96 




.0203 




10:02 NCR 


151 


07/01/96 




.0408 




10:02 NCR 


151 


07/01/96 




.0506 




10:02 NCR 


151 


07/01/96 




.0601 




10:02 NCR 


151 


07/01/95 




.0602 




10:02 NCR 


151 


07/01/96 




.0801 




10:02 NCR 


151 


07/01/96 




.1001 




10:02 NCR 


151 


07/01/96 


321 


.0003 - 


.0004 


10:02 NCR 


151 


07/01/95 


32M 


.0001 - 


.0002 


10:10 NCR 


831 


11/01/95 


NURSING, BOARD OF 










21 NCAC 36 


.0401 - 


.0405 


10:10 NCR 


839 


12/01/95 


NURSING HOME ADMINISTRATORS 






21 NCAC 37 


.0101 




10:04 NCR 


262 


08/01/95 




.0302 




10:03 NCR 


206 


08/01/95 




.0404 




10:03 NCR 


206 


08/01/95 




.0502 




10:03 NCR 


206 


08/01/95 




.0603 




10:03 NCR 


206 


08/01/95 




.0904 




10:04 NCR 


262 


08/01/95 




.0912 




10:03 NCR 


206 


08/01/95 




.0914 




10:03 NCR 


206 


08/01/95 


PHYSICAL THERAPY EXAMINERS 






21 NCAC 48C 


.0103 




10:08 NCR 


671 


10/01/95 


48D 


.0006 




10:08 NCR 


671 


10/01/95 




.0008 




10:08 NCR 


671 


10/01/95 




.0011 




10:08 NCR 


671 


10/01/95 


48E 


.0110 




10:08 NCR 


671 


10/01/95 


48F 


.0002 




10:08 NCR 


671 


10/01/95 


48G 


.0501 - 


.0516 


10:08 NCR 


671 


10/01/95 




.0601 




10:08 NCR 


671 


10/01/95 


48H 


.0104 




10:08 NCR 


671 


10/01/95 




.0701 - 


.0704 


10:08 NCR 


671 


10/01/95 



i 



Rule* Filed 03/95 
Rules Filed 04/95 
Rules Filed 05/95 
Rules Filed 06/95 
Rules Filed 07/95 



08/01/95 



08/01/95 
08/01/95 

08/01/95 



{ 



PLUMBING, HEATING & FIRE SPRINKLER CONTRACTORS 

21 NCAC 50 .0402 10:01 NCR 39 09/01/95 

.0505 10:01 NCR 39 09/01/95 



PROFESSIONAL COUNSELORS 

21 NCAC 53 .0204 - .0211 
.0301 

.0305 - .0309 
.0310 

.0403 - .0405 
.0601 - .0604 



PUBLIC EDUCATION 

16 NCAC 06D .0106 



10:01 NCR 


40 


10:01 NCR 


40 


10:01 NCR 


40 


10:01 NCR 


40 


10:01 NCR 


40 


10:01 NCR 


40 


10:07 NCR 


584 



07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 



11/01/95 



07/01/95 
07/01/95 
07/01/95 

07/01/95 
07/01/95 



i 



886 



NORTH CAROUNA REGISTER 



August 15, 1995 



10:10 



CUMULATIVE INDEX 



A^ency/Riile Citatioa 


ProtMHcdiB 
ResKter 


Proposed 








Fiscal Note 






Effectire 




Enectave 
Date 


Otlia- Infrnmatien 


^!^B<-» 


Local 




Tla*o 











REAL ESTATE COMMISSION 



21 NCAC 58 A 


.0110 




10:02 NCR 


157 


07/01/95 




.0403 




10:04 NCR 


263 


08/01/95 




.0503 




10:04 NCR 


263 


08/01/95 




.0504- 


.0506 


10:02 NCR 


157 


07/01/95 




.0505 




10:04 NCR 


263 


08/01/95 




.1703 




10:02 NCR 


157 


07/01/95 




.1707- 


.1708 


10:02 NCR 


157 


07/01/95 




.1710- 


.1711 


10:02 NCR 


157 


07/01/95 


S8E 


.0103 




10.02 NCR 


157 


07/01/95 




.0203 - 


.0204 


10:02 NCR 


157 


07/01/95 




.0303 - 


.0305 


10:02 NCR 


157 


07/01/95 




.0406- 


.0407 


10:02 NCR 


157 


07/01/95 




.0506 




10:02 NCR 


157 


07/01/95 




.0515 




10:02 NCR 


157 


07/01/95 


REFRIGERATION EXAMINERS 








21 NCAC 60 


.0102 




10:04 NCR 


264 


08/01/95 




.0105 




10:09 NCR 


781 


11/01/95 




.0204 




10:04 NCR 


264 


08/01/95 




.0314 




10:04 NCR 


264 


08/01/95 




.1102 




10:04 NCR 


264 


08/01/95 




.1103 




10:09 NCR 


781 


11/01/95 


REVENUE 












T«x Review Board 






10:01 NCR 


03 




Tix Review Board 






10:07 NCR 


428 




Tax Review Board 






10:09 NCR 


716 




SECRETARY OF STATE 








18 NCAC 06 


.1205- 


.1206 


10:05 NCR 


306 


09/01/95 




.1208 




10:05 NCR 


306 


09/01/95 




.1302- 


.1305 


10:05 NCR 


306 


09/01/95 




.1313 




10:05 NCR 


306 


09/01/95 


STATE PERSONNEL 










25 NCAC OIC 


.0207 




10:04 NCR 


264 


08/01/95 




.0402- 


.0408 


10:04 NCR 


264 


08/01/95 


OlD 


.0201 




10:04 NCR 


264 


08/01/95 




.0205 




10:04 NCR 


264 


08/01/95 




.0207 




10:04 NCR 


264 


08/01/95 




.0211 




10:04 NCR 


264 


08/01/95 




.0509 




10:07 NCR 


588 


10/01/95 




.0808 




10:04 NCR 


264 


08/01/95 




.1001 




10:04 NCR 


264 


08/01/95 




.1009 




10:04 NCR 


264 


08/01/95 




.1201 




10:04 NCR 


264 


08/01/95 




.1204 




10:04 NCR 


264 


08/01/95 




.1401 




10:04 NCR 


264 


08/01/95 




.1801 - 


.1802 


10:04 NCR 


264 


08/01/95 




.2001 




10:04 NCR 


264 


08/01/95 


OIE 


.0804 




10:04 NCR 


264 


08/01/95 




.1402- 


.1409 


10:07 NCR 


588 


10/01/95 




.1410- 


.1411 


10:07 NCR 


588 


10/01/95 


OIJ 


.0604- 


.0606 


10:07 NCR 


588 


10/01/95 




.0608 




10:07 NCR 


588 


10/01/95 




.0610- 


.0612 


10:07 NCR 


588 


10/01/95 




.0613- 


.0615 


10:07 NCR 


588 


10/01/95 


OIK 


.0312 




10:04 NCR 


264 


08/01/95 



07/01/95 
08/01/95 
08/01/95 
07/01/95 
08/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 



08/01/95 

08/01/95 
08/01/95 
08/01/95 



08/08/95 



10:10 



NORTH CAROUNA REGISTER 



August 15, 1995 



887 



CUMULATIVE INDEX 



Ageocy/RBie Ckatioa 


Proposed IB 

Register 


Proposed 


Fiscal Note 


EiTectiTe 




Date 


SUte 


Local 


Date 





TRANSPORTATION 

19A NCAC 02D .0801 
04A .0004 



10:04 NCR 254 
10; 10 NCR 829 



09/01/95 
12/01/95 



888 



NORTH CAROUNA REGISTER 



August 15, 1995 



10:10 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1995 



DESCRIPTION 







ONE-TIME 


ANNUAL 






PURCHASE 


SUBSCRIPTION 




CODE 


PRICE 


PRICE 




201 00 00 


$63.00 


$90.00 




201 10 05 


$21.00 


$30.00 




201 10 33 


$17.50 


$25.00 




202 00 00 


$98.00 


$140.00 




202 1 5 09 


$28.00 


$40.00 




202 1 5 34 


$21.00 


$30.00 




202 15 43 


$21.00 


$30.00 




202 15 48 


$21.00 


$30.00 




202 15 52 


$21.00 


$30.00 




203 00 00 


$7.00 


$10.00 




204 00 00 


$87.50 


$126.00 




204 1 B 02 


$12.00 


$40.00 




204 1 6 03 


$24.60 


$36.00 




204 1 5 06 


$14.00 


$20.00 




204 1 5 09 


$14.00 


$20.00 




204 15 10 


$14.00 


$20.00 




204 15 16 


$24.50 


$35.00 




205 00 00 


$66.00 


$80.00 




205 15 02 


$24.50 


$35.00 




206 00 00 


$21.00 


$30.00 




207 00 00 


$21.00 


$30.00 




208 00 00 


$7.00 


$10.00 


e 


209 00 00 


$31.60 


$46.00 




210 00 00 


$346.60 


$496.00 




210 20 10 


$45.50 


$65.00 




210 20 20 


$31.50 


$46.00 




210 20 30 


$77.00 


$110.00 




210 20 40 


$119.00 


$170.00 




210 20 41 


$31.60 


$46.00 




210 20 42 


$31.60 


$45.00 




210 20 43 


$28.00 


$40.00 




210 20 44 


$17.50 


$25.00 




210 20 45 


$36.00 


$50.00 




211 00 00 


$63.00 


$90.00 




211 1001 


$56.00 


$80.00 




211 10 04 


$24.60 


$35.00 




211 10 05 


$17.60 


$26.00 




211 10 06 


$28.00 


$40.00 




211 10 08 


$21.00 


$30.00 




212 00 00 


$63.00 


$90.00 




212 1007 


$21.00 


$30.00 




212 10 09 


$31.50 


$45.00 




212 10 11 


$17.50 


$25.00 




213 00 00 


$77.00 


$110.00 




213 15 06 


$14.00 


$20.00 




213 20 00 


$31.60 


$45.00 




213 IB 12 


$14.00 


$20.00 




213 15 13 


$14.00 


$20.00 




213 15 14 


$14.00 


$20.00 




213 15 15 


$14.00 


$20.00 


ride 


214 00 00 


$31.50 


$46.00 




214 00 08 


$17.50 


$25.00 




214 00 11 


$14.00 


$20.00 


Full Tide 


216 00 00 


$276.60 


$395.00 




216 15 00 


$115.50 


$165.00 




216 IB 10 


$49.00 


$70.00 




215 15 20 


$49.00 


$70.00 




215 15 30 


$56.00 


$80.00 




216 IB 31 


$35.00 


$60.00 




216 IB 32 


$17.60 


$25.00 



Trile 1 - Dept. of Administration - Full Title 

Division of Purchase & Contract 
Federal Block Grant Funds 

Title 2 - Dept. of Agriculture - Full Title 

Food & Drug Protection Division 
Structural Pest Control Committee 
Agricultural Markets 
Plant Industry 
Animal Industry 

Title 3 - Dept. of State Auditor - Full Title 

Title 4 - Dept. of Commerce - Full Title 

Alcoholic Beverage Control Commission 

Banking Commission 

Credit Union Division 

Savings & Loan Division 

Industrial Commission/Workers Compensation 

Savings Institutions Division 

Title 6 - Dept. of Corrections - Full Title 

Division of Prisons 

Title 6 - Counci of State - Full Title 

Title 7 - Dept. of Cultural Resources - Full Title 

Title 8 - Sute Board of Elections - Full Title 

Title 9 - Offices of the GoverrK>r & Lt. Goverrior - Full Title 

Title 10 - Dept. of Human Resources - Full Title 

Licensing of Health Facilities 

Detention Facilities 

Mental Health & Rehabilitation Services 

Social Services 

Children Services/Day Care 

Services for the Aging 

Services for the Blind 

Services for the Deaf & Hard of Hearing 

Employment Opportunities 

Title 1 1 - Dept. of Insurarice - Full Title 

Insurance 

Consumer Services 

Fire & Rescue Services 

Agent Services 

Engineering & Building Codes 

Title 12 - Dept. of Justice - Full Title 

Private Protective Services 

Police & Sheriff's Education fii Training Standards 

NC Alarm Systems Licensing Board 

Title 13 - Dept. of Labor - Full Title 

Mine & Quarry Safety 

General Safety/OSHA 

Wage & Hour Rules 

Boiler & Pressure Vessel Safety 

Apprenticeship & Training 

Elevator & Amusement Device Safety 

Title 14A - Dept. of Crime Control & Public Safety - Full 

Alcohol Law Enforcement 
Victims Compensation Fund 

Title ISA - Dept. of Environ., Health, & Nat. Resources 

Environmental Management 

Air Quality 

Water Quality 

Land & Waste Management 

Solid Waste Management 

Underground Storage Tanks 



DESCRIPTION 





ONE-TIME 


ANNUAL 




PURCHASE 


SUBSCRIPTION 


CODE 


PRICE 


PRICE 


215 16 40 


♦ 31.50 


♦ 45.00 


215 25 00 


♦ 105.00 


♦ 150.00 


215 25 10 


♦ 42.00 


♦ 60.00 


215 25 20 


♦ 35.00 


♦ 50.00 


215 25 30 


♦ 59.50 


♦ 85.00 


215 25 31 


♦ 17.50 


♦ 25.00 


216 00 00 


»21.00 


$30.00 


216 10 06 


♦ 21.00 


♦ 30.00 


217 00 00 


»91.00 


$130.00 


217 15 10 


♦ 31. BO 


♦ 45.00 


217 15 20 


♦ 56.00 


♦ 80.00 


217 15 27 


♦ 31.50 


♦ 45.00 


217 15 29 


♦ 21.00 


♦ 30.00 


218 00 00 


»21.00 


$30.00 


218 10 06 


♦21.00 


♦ 30.00 


219 00 00 


$63.00 


$90.00 


219 10 02 


♦ 28.00 


♦ 40.00 


219 10 03 


♦ 35.00 


♦ 50.00 


220 00 00 


«31.50 


$46.00 


221 00 00 


$143.50 


$205.00 


222 00 00 


$0.00 


$0.00 


223 00 00 


$7.00 


$10.00 


224 00 00 


$7.00 


$10.00 


226 00 00 


$42.00 


$60.00 


226 00 00 


$7.00 


$10.00 


227 00 00 


$42.00 


$60.00 


299 99 98 


$376.00 


$760.00 


266 00 00 


.. 


$760.00 


266 50 00 


-- 


$260.00 


288 60 00 


$295.00 


$475.00 


288 80 00 


$40.00 


$76.00 


299 90 00 


$16.00 





Coastal Management 

Environmental Health 

Radiation/Nuclear Waste 

Sanrtation 

Public Health 

Intoxilizer & Breathalyeer 

Trde 1 6 - Dept. of Public Instruction - Fiil Title 

Elementary & Secondary Education 

Thl« 1 7 - Dept. of Revenue - Fi* Title 

Taxes on Individuals 
Taxes on Business 
Sales & Use Tax Division 
Motor Fuels Tax Division 

Title 1 8 - Secretary of State - Fiil Trde 

Securities Division 

Title 19A - Dept. of Transportation - FuH Title 

Division ot Highways 
Division of Motor Vehicles 

Title 20 - Dept. of the State Treasurer - Flit Tite 

Title 21 - Occupational Licensing Boards - FuH Title 

Title 22 - Administrative Procedires Act - Repealed 

Title 23 - Dept. of Communitv Colleges - Full Title 

Title 24 • Independent Agencies - FuH Trde 

Trde 25 - Office of State Personnel - Fiil Title 

Title 26 - Office of Administrative Hearings - Fiil Trde 

Tide 27 - Nortfi Carolina State Bar - Fi* Trde 

North Carolina Administrative Code - Fufl Code 

(Add ♦85.00 Shipping and Handling) 

CD-ROM North Carolina Administrative Code 
CD-ROM North Carolina Administrative Code 

(When purchased with the Full Code in Print) 

Master Index 

Master Table of Contents 

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PRICE 


ANNUAL 




TOTAL 


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OTY 
































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